JAGTAR SINGH @ JAGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Jagtar Singh, who stands convicted and sentenced vide judgment and order dated October 06, 1995 for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') as amended. The prosecution story is as under :-

(2.) ON May 11, 1994, S.I. Shamsher Singh then posted as S.H.O. Police Station, Sadar Barnala alongwith ASI Teja Singh, ASI Jagdeep Singh, Constable Dhanna Singh and others was on patrol in the area of village Thikriwala, when they spotted the accused coming from the opposite direction carrying a jhola in his right hand. On seeing the police party, the accused turned away which created a suspicion and he was accordingly apprehended and told that the jhola had to be searched and that if he so wished, it could be done before a Magistrate or a Gazetted Officer. The accused stated that he wished to be searched in the presence of a Gazetted Officer. The S.H.O. then sent a wireless message on which Balwinder Singh, D.S.P. Barnala reached the spot. A subsequent search of the jhola led to the recovery of opium. Two samples of 10 grams each were separated and sealed and sent for analysis, whereas the remaining quantity weighing 1 kg. 980 grams was sealed and deposited in the malkhana. A F.I.R. was also registered and the necessary investigation/enquiry was made and on its completion, the accused was charged for having committed an offence punishable under Section 18 of the Act and as he pleaded not guilty, he was brought to trial.

(3.) THE prosecution case was then put to the accused. In his statement recorded u/s 313 Cr.P.C. he denied the allegations of the prosecution and pleaded that he had been falsely implicated in this case. He examined two witnesses in defence : Nachhattar Singh and his sister Manjit Kaur. The trial Court relying upon the aforesaid evidence, convicted the accused for the offence under Section 18 of the Act and sentenced him to undergo R.I. for ten years and also to pay a fine of Rs. one lac and in default of payment thereof, to further undergo R.I. for 2-1/2 years vide its judgment and order dated October 06, 1995.