DES RAJ KHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed by Des Raj Khanna, accused, against the judgment dated 12.8.1989 and order dated 14.8.1989 passed by the Additional Sessions Judge, Ludhiana, whereby he was found guilty and convicted under Section 18 of the N.D.P.S. Act and sentenced to undergo R.I. for 10 years and a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo R.I. for one year.

(2.) BRIEFLY stated, the facts are that on 23.1.1988, PW-3 Inspector Gurmail Singh along with police party was going in Jeep No. PCL-4891, which was being driven by Darshan Singh, Head Constable. They were on patrol duty towards Villages Dhandra, Kheri, Jhameli etc. When the said Jeep was about one furlong short of culvert of the canal minor in the area of Village Dhandra, they saw the appellant coming on a Hero Majestic Moped No. PCL-1441 from the opposite side. The appellant, on seeing the police party got perplexed and parked his Moped on one side of the road and sat down in the near trenches on the pretext of passing water. However, he was apprehended on suspicion by PW-3 Gurmail Singh, Inspector with the help of his companions. He was given the option to get himself searched in the presence of a Gazetted Officer but he refused the offer and reposed faith in Inspector Gurmail Singh and told him that he could make the search. He was having a JHOLA, which was tied to the handle of the Moped of the appellant. On search of JHOLA, it was found to contain opium wrapped in a glazed paper weighing 4 Kgs. 510 grams. 10 grams of opium was taken out of it as a sample. The sample packet and the remaining opium were separately sealed with the seal impression 'SS' belonging to PW-2 Surjit Singh, ASI. Seal, after use, was handed over to PW-2 Surjit Singh, ASI. The sample packet and the remaining opium along with Moped were taken into possession by Gurmail Singh, Inspector, vide memo Ex. PC attested by PW-2 Surjit Singh, ASI, and HC Manjit Singh.

(3.) AFTER the completion of the investigation, the appellant was challaned and the challan was put up in the Court of Ilaqa Magistrate, who committed the case to the Court of Sessions: