GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19-2-1987 passed by Additional Sessions Judge, Faridkot, by which Gurdev Singh, appellant, has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000.00 (One Lakh) or in default of payment of fine to undergo further rigorous imprisonment for three years.

(2.) The prosecution story in brief is as under :- On 12-1-1986 the police party headed by Darshan Singh ASI was on patrol duty and they were going from Abohar road to the link road leading to village Kandu Khera. When the police party reached about one furlong from the main road, the accused was seen coming from the opposite side. On seeing the police party, he tried to retreat but he was apprehended on suspicion and on his search opium weighing 10 Kgs, was recovered from the gunny bag which the accused was carrying on his head. 10 Grams of opium was separated as sample and it was sealed in a matchbox with the seal 'DS'. The remaining opium was sealed in the tin Ex.P1 with the same seal. The case property was taken into possession vide memo Ex.PC. The ASI sent ruqa to the police Station and on the basis thereof formal first information report Ex.PE/1 was recorded by Anokh Singh ASI. On his return to the Police Station, the ASI deposited the case property intact with the MHC Gurdeep Singh. After completing the investigation of the case and on receipt of the report of the Chemical Examiner, the accused was challenged and sent up for trial to the court.

(3.) The prosecution to prove its case examined constable Mukhtiar Singh PW 1, HC Gurdip Singh PW 2, HC Gurmukh Singh PW 3, ASI Darshan Singh PW 4 and SI Raghbir Singh PW 5. Affidavits Ex.PA and Ex.PB of Mukhtiar Singh constable and Gurdip Singh MHC respectively and the report of the Chemical Examiner Ex.PG were tendered into evidence.