LALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convict Lala Ram has filed this criminal appeal impugning his conviction and sentence ordered by learned Judge, Special Court, Sangrur vide judgment and order dated 01.05.2003 thereby convicting the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the 'Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- and in default of payment thereof, to undergo further imprisonment for one year.

(2.) According to prosecution version, on 13.04.2001, Police party including Inspector Joginder Singh, ASI Surjan Singh and other police officials, was patrolling. Jaswant Singh PW was also joined on the way. At about 4:00 P.M., accused-appellant was seen coming from the side of village Babanpur, on the bank canal with a cloth bag. The accused tried to retreat on seeing the police. He was apprehended on suspicion. He was informed of his right to be searched in presence of a gazetted officer or Magistrate. He opted to be searched before Gazetted Officer. Accordingly, Harjit Singh Pannu, Deputy Superintendent of Police was called to the spot.

(3.) On search of bag of the accused, it was found to contain 3 Kgs opium wrapped in a glazed paper. Out of it, two samples of 10 grams each were separated. Samples and the remaining opium were sealed in separate parcels and were seized by the police. Seal after use was given to PW Jaswant Singh. Ruqa was sent to the police station. Thereupon FIR was registered.