SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused-appellant has assailed his conviction and sentence awarded to him under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) for which he is sentenced to ten years rigorous imprisonment with a fine of Rs. 1,00,000 and in default to further undergo rigorous imprisonment for one year.

(2.) A brief resume of the facts of the case is that on 29-12-1985 Assistant Sub- Inspector Mulkh Raj alongwith Ajit Singh and Sukhwinder Singh and two other police officials was going on patrolling duty from Police Station, Haryana towards Dasuya in a Government vehicle. When they reached Sikri turning at about 11 a.m., they spotted the accused coming from village, Kothe Mukaddam. On seeing the police party, accused tried to retrace his steps. Suspicion arose and Assistant SubInspector Mulkh Raj apprehended the accused. After giving his personal search when he took the personal search of the accused 250 grams of opium found in the right food of the pyjama. Ten grams of opium was separated as sample. Both the packets were duly sealed with seal having inscription of MR. Thereafter, usual investigation was conducted on the spot. Afterwards, accused and the seized contraband were brought to the Police Station. Assistant Sub-Inspector Mulkh Raj deposited the sealed packets with MHC of the Police Station. On 16-1-1986 the sealed sample packet was given to constable Jagdish Pal who deposited it on that very day in the Laboratory of Chemical Examiner, Chandigarh. On examination, the expert opined that it was opium as it contained 3.36%; morphine on these facts accused-appellant was charge-sheeted.

(3.) Accused denied the guilt and took the plea of false implication though, no evidence was adduced by him.