DILBAGH MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge is to the judgment dated 08.08.2013 passed by the Special Court, Amritsar, whereby the accused-appellant has been convicted and sentenced to under rigorous imprisonment for a period of one year and to pay a fine of Rs.8000/- for commission of an offence punishable under Section 20 read with Section 8 of Narcotic Drugs & Psychotropic Substances Act (for brevity 'the Act').

(2.) Brief facts of the case are that on 28.01.2010, ASI Gurpreet Singh along with other police officials was on patrolling duty in the area of Chowk Dhingra Hospital. When they reached near Pataka Market, then accused-appellant was seen coming having a polythene bag from the side of Chamrang Road, who on seeing the police party, tried to escape, but was apprehended with the help of police officials. On conducting the search of polythene carry bag, the same was found to have been containing charas, out of which, two samples of 10 grams each were separated and converted into parcels. Remaining charas, on weighing, came to be 230 grams. The sample parcels and the remaining charas were sealed by the Investigating Officer with his seal bearing impression G.S. After completion of necessary formalities, challan was prepared and presented before the Court.

(3.) After presentation of the challan, charge under Section 20 read with Section 8 of the Act was framed against the accusedappellant, to which, he pleaded not guilty and claimed trial.