KASHMIRI LAL @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is appeal filed by Kashmiri Lal (hereinafter described as 'the appellant') directed against the judgment and the order pertaining to the quantum of sentence dated 18.10.1994. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By subsequent order of the same date, the appellant was sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. One lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for 2 years. The relevant facts of the prosecution case are that on 27.6.1991 ASI Sadhu Ram headed a police party. It comprised of Head Constable Gurdip Singh, Head Constable Balwinder Singh and certain other police officials. It held the picket at Talwan Chowk, Nurmahal. At about 12.30 a.m. the appellant was seen coming from the side of Talwan on foot and on seeing the police party, he retreated.

(2.) IN the meantime, Rattan Singh, a public witness also reached there. He was joined in the police party. On suspicion the appellant was apprehended. He was asked as to if he wanted to be searched in the presence of some Gazetted Officer but the appellant reposed confidence in the Investigating Officer, ASI Sadhu Ram. The said Investigating Officer informed Inspector Harmel Singh, Officer-Incharge, Police Station, Nurmahal who also reached the spot. The appellant was carrying a plastic bag which contained a tin box of opium. 50 grams was taken as the sample and the rest of the opium was weighed and found to be 3 kilogram and 450 grams. The rest of the opium was placed back in the tin box. The sample and the rest of the opium were converted into two separate parcels and sealed with the seal of 'HS'. Both the packets were taken into possession vide recovery memo attested by the public witness Rattan Singh, Head Constable Gurdip Singh, Head Constable Balwinder Singh and Inspector Harmel Singh.

(3.) ON perusal of the evidence, the learned trial court concluded that it has been proved beyond all reasonable doubt that 3-1/2 kilogram of opium was recovered from unlawful possession of the appellant and he was held guilty of the offence punishable under Section 18 of the Act. This was followed by the order of sentence already referred to above.