KISHORE KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7.7.2004 of the learned Special Judge, Patiala vide which the appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo RI for 10 years and to pay a fine of Rs.1 lac and in default of payment of fine, to further undergo RI for one year.

(2.) The brief facts of the case are that on 9.12.2002 in the area of Village Dhainthal, the appellant was intercepted on the basis of suspicion. A search on the person of the accused/appellant was conducted by a Gazetted Officer namely Shri J.S.Sidhu, D.S.P. who was called to the spot and 4 kgs. of opium was recovered from him. Two parcels of 10 grams each were separated and put in tins, while the remaining opium was put in a plastic box. The parcels were sealed with the impression "JS" and "JPS". They were then sent to the Chemical Examiner who submitted his report Ex.PN establishing it to be opium.

(3.) The appellant was challaned and charged appropriately under Section 18 of the Act.