SAHABUDIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AGGRIEVED of the judgment and order dated 29.8.2001 passed by the Judge, Special Court, Bathinda whereby the appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for one year, he has filed the present appeal.

(2.) THE prosecution case, in nutshell, is that on 8.6.1999 Inspector Barjinder Singh Dhillon, Station House Officer, Police Station Talwandi Sabo, alongwith other police officials and one Laddar Singh, an independent witness, was going from bus stand of village Sekhpur towards village Jodhpur Pakhar. When the police party had covered a distance of 200 yards, the appellant was seen coming on the katcha passage from the side of village Jodhpur Pakhar. He was holding a Jhola (bag) in his hand. On seeing the police party, the appellant tried to take a turn towards his left. This aroused suspicion in the mind of Inspector Barjinder Singh Dhillon, who after apprehending him, gave him the offer of search in the presence of a Magistrate or a Gazetted Officer. However, the appellant reposed confidence in Inspector Barjinder Singh Dhillon and required him to conduct his search. The search of the bag led to recovery of 1.5 kgs. of opium.

(3.) OUT of the same, 10 grams was separated as sample. The sample as well as the remainder were packed in separate parcels and taken into the possession after preparing requisite memo. Personal search of the appellant led to recovery of currency worth Rs.120/ - which was also taken into possession. Ruqa was, thereafter, sent to the Police Station, on the basis of which FIR No.61 dated 8.6.1999 under Section 18 of the NDPS Act was registered at Police Station Talwandi Sabo.