SHIV NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above mentioned appeal has been directed against the judgment of conviction and order of sentence dtd. 16/10/2013 passed by Special Court, Sri Muktsar Sahib, in FIR No. 79 dtd. 12/7/2011, under Sec. 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for short), registered at Police Station Lambi, vide which the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000.00 for the commission of offence punishable under Sec. 22 of the Act and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of 01 year.

(2.) Brief facts of the case are that on 12/7/2011, ASI Kabul Singh (investigating officer) along with HC Sukhjit Singh was patrolling the area of village Killianwali towards village Lohara. The police party spotted the accused carrying a plastic bag in his left hand at the bridge of the canal in the area of village Lohara. The accused was stopped on suspicion of him being in possession of intoxicating substances. He was informed of his legal right to be searched before a Gazetted Officer or a Magistrate. The accused reposed faith in the investigating officer and a consent memo was prepared on which thumb impression of the accused was placed. The same was attested by HC Sukhjit Singh and HC Tarsem Singh.

(3.) After complying with the provisions of Sec. 207 Cr.P.C., charge was framed against the accused for the commission of offence punishable under Sec. 22 of the Act, to which the accused did not plead guilty and claimed trial.