SHAM SUNDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge is to the judgment dated 18.09.2013 passed by the Judge, Special Court, Sangrur, whereby the applicant has been convicted and sentenced rigorous imprisonment for a period of six months with a fine of Rs.5000/- and further rigorous imprisonment for two months in default of payment of fine, under Section 18 of the NDPS Act.

(2.) On a secret information a naka was laid at 'T' point Rampura Road, Bhawanigarh. At 6.30 PM a truck bearing registration No. RJ-21GA-2861 was found coming from the side of Sunam. The truck was apprehended by SI Avtar Singh. The driver introduced himself to be Sham Sunder son of Mangi Lal, resident of Rotu, Police Station Jaail, District Nagor, Rajasthan. He recorded his statement Ex.PC by which he reposed confidence in him and opted for search being conducted from him. One plastic box beneath the driver seat from the cabin box of truck was recovered, containing opium. Thereafter two samples of 20 grams each from the plastic box were taken and remaining 460 grams put into the same plastic box and then into cloth parcel and sealed with the seal "AS" and the specimen of the same is Ex.P-1. After completing the formalities and proceedings under the Act, challan was presented and the trial court after going into the evidence convicted the accused.

(3.) Learned counsel for the appellant restricts his prayer to the quantum of sentence and does not challenge the order of conviction on merits.