SULTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 04.05.2004, passed by the learned Judge, Special Court, Patiala, vide which accused.appellant Sultan Singh has been held guilty and convicted for the offences punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here.in.after called the 'Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2000/., in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) As per the prosecution case, on 05.08.2001 at about 05:30 P.M., Sub Inspector Bindu Bala along with other police employees was present at the bridge of canal minor in the area of Ghagga in a private vehicle in connection with patrolling. PW Ram Lal also arrived there and S.I. Bindu Bala was talking with him. In the meanwhile, accused Sultan Singh came from the side of village Bootasinghwala, who on seeing the police party, turned towards his left hand side. He was carrying a bag in his right hand. On suspicion, he was apprehended. The Investigating Officer asked from him about option for his search in the presence of a Gazette Officer or the Magistrate. Vide his consent memo Ex.PA, he opted his search in the presence of some Gazetted Officer. Ashish Kapur, Deputy Superintendent of Police, Samana was called at the spot through wireless message. In his presence, the bag in the possession of the accused was searched, which was found containing one kilogram opium. Two samples of 10 grams each were separated. Separate sealed parcels of sample and residue opium were prepared and taken into possession vide memo Ex.PC. The Investigating Officer sent Rukka Ex.PF to the Police Station. On the basis of which, formal FIR Ex.PF/1 was registered. The Investigating Officer prepared the site plan of the place of recovery Ex.PG. The accused was arrested. The case property was deposited in intact condition in the Malkhana. On the next day, the case property was produced before the Illaqa Magistrate vide application Ex.PH. On which, learned Illaqa Magistrate passed his order Ex.PH/1. Sample parcels were sent to the Forensic Science Laboratory, Chandigarh for examination. On receipt of the report of the FSL Ex.PJ and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here.in.after called the 'Cr.P.C.') was presented in the Court.

(3.) The accused appellant was charge sheeted for the offence punishable under Section 18 of the Act vide order dated 23.10.2001 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial.