BAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convict-Bagga Singh has filed the present appeal for challenging the judgment and order dated 29.3.2005 passed by the learned Judge, Special Court, Bathinda, whereby, he stands convicted under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act'), for being found in unlawful possession of 525 grams of opium and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.2,500/- and in default of payment of fine, to further undergo rigorous imprisonment for fifteen days.

(2.) As per the prosecution, on 4.2.2003 at about 6:30 p.m., the appellant alighted from a bus coming from Dabwali, which halted at Bus Stand of Village Jassi Bag Wali and on seeing the police party present there, he became perplexed and threw material wrapped in a glazed paper and, thereafter, he started running away. This gave rise to suspicion in the mind of ASI Gurdas Singh, who was heading the police party standing nearby that the material discarded by the appellant might be containing contraband. Accordingly, the appellant was apprehended and ASI Gurdas Singh picked up the glazed paper and found that it contained opium. 25 grams, out of the same, was taken as sample and put into a container. The residue when weighed came to be 500 grams. Ruqa was, thereafter, sent by ASI Gurdas Singh to Police Station Sangat, on the basis of which, FIR No.25 dated 4.2.2003 was registered against the appellant at the said police station under Section 18 of the Act.

(3.) When the appellant was charged for committing offence under Section 18 of the Act, he pleaded not guilty and claimed trial. The prosecution then examined PW1 ASI Gurdas Singh, PW2 Harjit Singh, Station House Officer, PW3 Constable Gurdev Singh and PW4 Head Constable Pargat Singh. Report of the Chemical Examiner was also tendered in evidence.