GURCHARAN SINGH @ CHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried for committing the offence punishable under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 on the allegations that on 24.12.2009 at about 5.30 p.m., he was found in conscious possession of 2 kgs of opium in the area of village Manochahal but without possessing any valid permit or licence for the same. Vide judgment and order dated 6.9.2013, learned Special Judge, Ferozepur convicted the appellant for the aforementioned offence and sentenced him to undergo rigorous imprisonment for a period of six yeas and to pay a fine of Rs. 30,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) As per the case of the prosecution, on 24.12.2009 at about 5.30 p.m., Inspector Palwinder Singh, who was posted as Station House Officer, Police Station Mallanwala alongwith fellow officials, was going on a Government vehicle on patrol duty. When the police party reached in between the two canals in the area of village Manochahal, the appellant was seen coming riding a motor-cycle from the side of Gurditi Wala Head Work. On the basis of suspicion, he was apprehended. The search of the piece of cloth (Safa) wrapped by him around his waist led to recovery of 2 kgs of opium. Two samples of 10 grams each were separated. The samples and the remainder were taken into possession. One of the samples was later on sent to the Chemical Examiner, Kharar and on analysis, it was found to contain 2.4% morphine.

(3.) In support of its case, the prosecution had examined PW1 Wazir Singh DSP, PW2 HC Inder Pal, PW3 SI Kartar Singh, PW4 Inspector Palwinder Singh, PW5 ASI Balbir Singh and PW6 SI Jaswant Singh.