AMARJIT SINGH @ BABBU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of conviction and order of sentence dated 05.01.2015 passed by the Special Judge, Mansa, whereby the accused -appellant has been sentenced to under rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/ - for commission of an offence punishable under Section 18 of Narcotic Drugs & Psychotropic Substances Act (for brevity 'the NDPS Act').

(2.) BRIEF facts of the case are that on 14.02.2012, SI Jagdish Kumar along with other police officials was going from City Mansa to Moosa Octroi in connection with patrolling duty. When they reached near Dera, Ram Sra, an Alto car was seen coming from the opposite side. On seeing the police party, driver of the car became perplexed and tried to turn back, but was apprehended with the help of other police officials. He disclosed his name as Amarjit Singh alias Babbu (appellant). A polythene bag, containing opium, was found lying in front of the seat of driver, out of which, one samples of 10 grams was separated and converted into a parcel. The remaining opium, on weighment, came to be 990 grams. The same was also converted into another parcel. Both the parcels were sealed by SI Jagdish Kumar with his seals bearing impressions 'JK' and taken into police possession vide separate recovery memos. After completion of necessary formalities, challan was prepared and presented before the Court.

(3.) AFTER presentation of the challan, charge under Section 18 of the NDPS Act was framed against the accused -appellant, to which, he pleaded not guilty and claimed trial.