UGGARSAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 21.07.2004, passed by the learned Judge, Special Court, Sangrur, vide which accused -appellant Uggarsain has been held guilty and convicted for the offence 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 three years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) AS per the prosecution case, on 25.01.2000 PW3 Assistant Sub Inspector Sikandar Singh (the Investigating Officer of the case) along with other police officials was present on the bridge of drain in the area of village Bakhora Kalan in connection with the Nakabandi duties. One Ajaib Singh also came there from the nearby fields. When the Investigating Officer was talking with him, he noticed that accused -appellant was coming from the side of village Chotian through the pavement of the drain. He was carrying a plastic bag in his right hand. On seeing the police party, he tried to slip away. On suspicion, the accused -appellant was apprehended. The Investigating Officer asked the accused -appellant that he suspected some contraband in the bag carried by him. The accused was apprised of his right to get the search conducted in presence of a magistrate or a gazetted officer. Vide memo Ex. PC, the accused opted to get his search conducted in the presence of some gazetted officer. The Investigating Officer sent a wireless message to the Deputy Superintendent of Police, Moonak, requesting him to reach at the spot. DSP Inder Mohan Singh reached at the spot. In his presence, the bag carried out by the accused -appellant was checked by the Investigating Officer and it was found containing opium wrapped in a glazed paper. From the recovered opium, two samples of 10 grams each were separated and put into small tins. On weighment, the residue was found to be 1 kilogram and 480 grams. The samples and the residue were converted into separate parcels and were sealed by the Investigating Officer with his seal bearing impression 'SS' and same were taken into possession vide separate recovery memo Ex. PD, which was attested by the witnesses. Separate sample seal chit was prepared and the seal, after use, was handed over to prosecution witness Ajaib Singh. The accused was arrested. Ruqqa Ex. PE was sent to the police station, on the basis of which, formal FIR Ex. PE/1 was registered. The Investigating Officer prepared the site plan Ex. PH of the place of recovery. Statements of the witnesses were recorded.

(3.) THE accused -appellant was charge -sheeted for the offence punishable under Section 18 of the Act vide order dated 05.04.2000 by the learned trial Court, to which the accused -appellant pleaded not guilty and claimed trial.