DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by Darshan Singh, who was nominated as an accused in case FIR No.34 of 02.06.1999, registered at Police Station Nehianwala, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "NDPS Act"). The learned Trial Court vide the impugned judgment dated 11.03.2003 found the appellant guilty of offence under Section 18 of NDPS Act and vide the order of even date, sentenced him to undergo RI for ten months and to pay a fine of Rs.1000/-, in default whereof, he was to undergo further RI for 20 days.

(2.) In the present appeal, challenge is to conviction pronounced and sentence awarded by the learned Trial Court upon the appellant Darshan Singh.

(3.) Brief facts as culled out from the record of the case are, that on 02.06.1999 SI Gurdeep Singh along with other police officials was going in Government Zypsy in connection with patrolling. In the area of Village Kothe Chhapriwala, PW Iqbal Singh met the police party and he was joined with the police party. When they were going towards Village Ablu and reached near the Nullah Bridge, accused Darshan Singh was seen coming from the opposite side carrying a Jhola in his right hand. On the basis of suspicion, he was apprehended. On the consent of the accused for search before a gazetted officer, DSP Jaspreet Singh Sidhu on being called through wireless message, reached at the spot. Thereafter, on the direction of the DSP, Investigating Officer searched the jhola of the accused which led to the recovery of 500 grams opium wrapped in a glazed paper. 20 gram was separated as sample. Sample and remaining opium were sealed separately and taken into possession. Seal after use was handed over to ASI Hukam Chand. Personal search memo Ex.PC was prepared. Ruqa Ex.PK was sent to the police station, on the basis of which, formal FIR Ex.PK/1 was recorded. Rough site plan was prepared. On the next day, accused and case property was produced before the Ilaqa Magistrate. Thereafter, challan was presented in Court. Finding a prima facie case against the appellant, he was charge-sheeted to which he pleaded not guilty and claimed trial.