(1.) THIS criminal appeal has been filed against the judgment dated 23.4.2005 passed by the Judge, Special Court, Kapurthala, whereby the appellant -accused has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 30,000/ -. In default of payment of fine, the accused -convict was directed to further undergo imprisonment for a period of four months.
(2.) THE prosecution story, in brief, is that on 4.2.2004, ASI, Darshan Singh along with Head Constable Raghbir Singh and some other police officials was present at the Bus Stand, Kapurthala in connection with patrolling. He received a secret information and the informer told that he and one of his friends were standing at D.C. Chowk, Kapurthala. Then a young man got down from a bus coming from Jalandhar. He was carrying a plastic polythene bag in his right hand containing something heavy and was waiting for some person at D.C. Chowk, Kapurthala and if a raid was conducted, narcotic substance in huge quantity could be recovered. On the basis of secret information, ruqa was sent to the police station, on the basis of which, formal F.I.R. was recorded. The ASI sent a telephone message to the CIA Staff, Kapurthala for deputing some Gazetted Officer or a Magistrate to the spot. Charanjit Singh met the police party per chance and he was also joined in the police party. Then the ASI along with some other police officials had reached at the D.C. Chowk, Kapurthala and apprehended that person who was carrying something heavy in his right hand which was wrapped in the polythene bag. On enquiry, he disclosed his name as Kala Ram son of Birpal Singh, resident of Village Rattanpur, Police Station Nohar District Hanumangarh (Rajasthan). In the meantime, Bhajan Singh, DSP (D), Kapurthala reached at the spot along with his gunmen and the accused reposed confidence in him for conducting his search. Head Constable Rajeshwar, Photographer, CIA Staff, Kapurthala was called and he reached at the spot and he took the photographs. On the direction of the DSP, the ASI conducted the search of the appellant -accused and recovered the polythene bag from his possession, which was found to contain two kgs. of opium. Two samples of 10 grams each were taken out and converted into separate parcels. Remaining opium was converted into parcel. All the parcels were sealed with the seals of the ASI bearing impressions DS and that of the DSP bearing impressions BS. After the completion of the investigation, the appellant -accused was challaned and necessary documents were supplied to him free of cost. He was charged under Section 18 of the NDPS Act, to which he pleaded not guilty and claimed trial.
(3.) STATEMENT of the accused was recorded under Section 313 Cr.P.C., wherein all the incriminating evidence appearing against him was put to him, however, he denied the same.