AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AJMER Singh son of Gurnam Singh has preferred this appeal against the judgment dated 17.8.2001 passed by Special Judge, Faridkot whereby he stands convicted under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as the Act). The appellant has been sentenced to undergo RI for ten years and six months and to pay a fine of Rs. 1 lac and in default of payment of fine to further undergo RI for two years.

(2.) THE recovery allegedly made from the appellant is of 14 kgs of opium which he was carrying on 28.9.97 without any licence or permit.

(3.) THE trial Court charged the appellant under section 18 of the Act. The prosecution in order to prove its case against the appellant has examined HC Dalwinder Singh as PW1. He received special report Ex. PA on 29.9.97 and produced the same before Bachan Singh Randhawa, Superintendent of Police (D) Moga. PW2 is ASI Surjit Singh. He is a witness to the recovery. Bachan Singh Randhawa, Superintendent of Police (D) has been produced as PW3 in whose presence the recovery was effected at the spot. SI Jasbir Singh has been examined as PW4. He is also one of the witnesses of the recovery. He had also investigated the case. SI/SHO Jagjit Singh has been examined as PW5 before whom the appellant alongwith the case property was produced by SI Jasbir Singh PW4 and thereafter Jagjit Singh SI/SHO had affixed the seal on the sample and the remainder with his own seal. Kuldeep Kumar PW6 had tendered his affidavit Ex. PK in evidence. He is Moharar Head Constable with whom the case property was deposited. HC Jaspal Singh has been examined as PW7. He has also tendered his affidavit Ex. P1 to the effect that on 6.10.97, MHC Kuldeep Kumar had handed over to him a parcel containing 20 grams of sample opium duly sealed alongwith the specimen seal for depositing the same in the office of Director, FSL, Chandigarh. He has further asserted in the affidavit that the sample was delivered to the Director, FSL and no one had tampered with it.