KARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is upon his conviction through judgment and order of sentence dated 8.1.2004 by the learned Judge Special Court, Bathinda under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') whereby, he was sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1 lac and in default thereof to under further rigorous imprisonment for one and a half years, the convict -appellant has challenged the same through this appeal.

(2.) HEARD , learned counsel for the parties and perused the records of the case.

(3.) THE prosecution's story is that it was on 27.6.1996 police party headed by S.I. Dinesh Kumar from Police Station, Raman (Bathinda) had laid a naka in the revenue estate of village Tarkhanwala when they accosted a jeep bearing No.PUO - 9130 (for short, 'Jeep') coming from the side of village Norang via katcha path. On stopping the vehicle, accused Karam Singh @ Ganga Singh resident of village Jhorarohi, District Sirsa was apprehended and on the basis of consent memo Ex.PD, a Gazatted Officer DSP Jaswant Singh was called in whose presence upon search of the jeep led to the recovery of plastic jhola (polythene bag) from a box beneath the driver's seat opium wrapped in glaze paper was recovered. After drawing necessary samples and undergoing usual formalities the contraband on weighing came to 5 kgs., 980 grams which was taken into police possession by way of memo Ex.PA. Personal search memo Ex.PB was prepared and upon ruqa Ex.PE being sent to the Police Station formal FIR Ex.PE/1 was recorded. The Investigating Officer recorded statements of the witnesses and prepared rough site plan Ex.PF.