SONA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 12.9.1991 passed by the Additional Sessions Judge, Bathinda whereby the accused- appellant was convicted for the offence under Section 18 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter to be referred as 'the Act') and was sentenced to undergo R.I. for ten years and to pay a fine of Rs. one lac or in default of payment of fine, he was to undergo R.I. for two years.

(2.) THE prosecution case against the appellant was that on 30.9.1990 at 2.00 P.M., he was apprehended by the police party headed by SI Gian Singh in the area of Bibiwala. At that time, he was having 3-1/2 kg. of opium in a 'Jhola' carried in his left hand. S.I. Gian Singh had offered the search to be conducted before the Gazetted Officer but the accused reposed confidence. Memo Ex. PA was prepared, which was thumb marked by the accused. The search was conducted and 3-1/2 kg. opium was recovered out of which 100 grams of opium was separated as sample. After obtaining the report from Chemical Examiner the accused-appellant had been challaned after investigation. He faced trial and was convicted the sentenced aforesaid.

(3.) ON behalf of the State, it has been argued that the recovery of 3-/12 kg. opium is heavy and there was no motive on behalf of the police officials to falsely implicate the accused.