BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Balwinder Singh (hereinafter described as the appellant/accused) directed against the judgment and order of sentence passed by the learned Additional Sessions Judge, Patiala, dated 4th February, 1994. By virtue of the impugned judgment and order of sentence, the learned trial Court held the appellant guilty of the offence punishable under Section 18 of the Narcotic Drugs and Psychotopic Substances Act, 1985 (hereinafter described as the Act). The appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac. In default of payment of fine he was to further undergo rigorous imprisonment for two years.

(2.) THE relevant facts are that on 9.4.1991, Sub-Inspector Sukwinder Singh who was posted as Officer Incharge of Police Station Julkan, accompanied by Head Constable Amrik Singh and Constable Balwinder Singh besides others had held a Nakabandi on the bridge of Tangri in the area of village Hari Garh. In the meantime Balbir Singh s/o Chajju Ram came there. At about 2 p.m. the appellant alighted from the Bus which had come from the side of Pehwa.

(3.) THE appellant was informed that he was to be searched. He was told that if he liked, search could be effected in the presence of the Gazetted Officer or a Magistrate. The appellant declined the offer and signed a statement in this regard. The bag was searched. It was found to contain opium wrapped in a glazed paper. The contents were weighed and was found to be five kilo-grams. 10 grams was taken as sample. Sample and rest of the opium were converted into two parcels, and sealed with the seal of 'S.S.'. Packet was taken into his possession vide a recovery memo. It was attested by H.C. Amrik Singh and Balbir Singh s/o Chajju Ram.