(1.) DHAGLA Ram has filed the present to challenge the conviction and sentence imposed against him under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act") by the Special Judge, Gurdaspur on 21.3.2002.
(2.) ACCORDING to the prosecution case on 9.1.2001 a police party headed by ASI Sulakhan Singh on patrol and general checking duty was holding a naka at T point Sunder Chak in the area of village Malakpur. Pargat Singh PW was joined as an independent witness. Appellant was seen coming from the said of Malakpur chowk holding a Jhola in his hand. He was wearing a Fauji uniform and seen the police party tried to slip away and was apprehended on suspicion that he has some contraband substances in his possession. He was when apprised of his right to have his person searched by a Gazetted Officer or a Magistrate, opted to be searched by a Gazetted Officer whereupon wireless message was flashed and in response thereto PW -4 Ms. Vibhu Raj, Superintendent of Police Pathankot came to the spot. She introduced herself to the appellant and apprised him that she was a Gazetted Officer or Magistrate. Appellant gave his consent to be searched by PW -4 whereafter the search was carried out at per rules and from the Jhola 5 Kilograms of opium was recovered, out of which, 10 grams was taken as a sample and thereafter residue as well as sample were converted into a sealed parcel and sealed with the impression SS and VR and the same were taken into possession through recovery memo Ex.PC. A Ruqqa Ex.PF incorporating the fact of the recovery was drawn up and sent to the Police Station on the basis of which a formal FIR Ex.PF/1 was recorded and the Investigating Officer thereafter prepared rough site plan Ex.PG with correct marginal notes and recorded statements of the witnesses and deposited the case property with Moharrir Head Constable in the Police Station. Samples were sent for examination by the Chemical Examiner and on receipt of report Ex.PJ and on completion of investigation a challan was put in against the appellant under Section 18 of the Act.
(3.) THE aforesaid order was challenged by the Union of India in Criminal Revision No.1009 of 2001. This Revision Petition was ultimately dismissed as withdrawn by K.S.Garewal,J. and the trial Court was directed to expedite the trial.