HARDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dtd. 8/1/2015 passed by learned Additional Sessions Judge, Tarn Taran, in FIR No.124 dtd. 28/12/2012, under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') whereby the appellant has been convicted and sentenced to rigorous imprisonment for a period of 10 years under Sec. 22 (c) of the NDPS Act with a fine of Rs.1,00,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) The factual matrix of the prosecution case is that on 28/12/2012, a police party headed by ASI Lakhbir Singh was patrolling the area of village Alipur, Ratta Gudda, etc and had just reached ahead of Ratta Gudda when they noticed one person coming carrying a polythene bag. On seeing the police party, he threw away the polythene bag and tried to move backwards. The police party apprehended him and after disclosing his identity, he handed over the polythene bag to the Investigating Officer and confessed that there were intoxicating tablets in it. On checking, 08 packets of Microlit tablets, each packet containing 100 tablets, were recovered. The recovered contraband was put in a plastic container and was sealed with the seal bearing impression 'LS' and the sealed parcel was taken into possession vide memo Ex.PI. Form 29 was also filled at the spot. Thereafter, a ruqa was sent to the police station on the basis of which a formal FIR was registered. After completion of the usual formalities of investigation, the challan was presented against the accused/appellant.

(3.) After making due compliance of the provisions of Sec. 207 Cr.P.C., a prima facie case for the commission of offence punishable under Sec. 22 of the NDPS Act was made out. The accused/appellant was charge-sheeted to which he pleaded not guilty and claimed trial.