RAJESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment/order dtd. 26/10/2016, passed by the learned Special Court, Ludhiana, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for 10 years alongwith fine of Rs.1,00,000.00 and in default of payment of the same, to further undergo rigorous imprisonment for two years, for the offence punishable under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) Briefly, the facts are that on 26/5/2014, when ASI Swaran Singh alongwith other police officials was present at Tibba Road near Gopal Nagar Chowk, for patrolling duty, apprehended the accused in possession of 250 grams of intoxicant powder. The requisite samples were drawn and sealed. Ruqa was sent, on the basis of which, an FIR was registered.

(3.) After the investigation concluded, the police submitted the final report in terms of Sec. 173 Cr.P.C. The Court, upon finding a prima facie case, proceeded to frame charge under Sec. 22 of the Act. The accused, however, pleaded not guilty and insisted on trial.