BASHIR AHMAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE important question of law that falls for consideration of this Court in the present case is, as to whether in the case of a chance recovery effected from the bag of accused followed by his personal search, rigours of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), would be attracted or not.

(2.) FEELING aggrieved against the impugned judgment of conviction and order of sentence of even date, i.e. 13.10.2003 passed by the learned Special Judge, Gurdaspur, whereby the appellant was convicted for the offence punishable under Section 20 of the NDPS Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac, appellant has approached this Court by way of instant criminal appeal.

(3.) THE police report under Section 173 of the Code of Criminal Procedure ('Cr.P.C.' for short), was presented to the court and copy thereof alongwith all the documents relied upon by the prosecution was supplied to the appellant free of costs, as required under Section 207 Cr.P.C. Prima facie case was found against appellant and he was accordingly charge -sheeted for the offence punishable under Section 20 of the NDPS Act. Appellant pleaded not guilty and claimed trial.