BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence recorded by learned Additional Sessions Judge, Amritsar in Sessions Case No. 9 of 1990, dated 14-12-1994.

(2.) THE accused-appellant was prosecuted for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for having been is possession of 45 kilograms of opium without any permit. Accord­ing to the case of the prosecution, on 10-5-1989 when Sub-Inspector of Police Shamsher Singh along with police party held picketing on the culvert of a drain of Bikhiwind public road, he received a secret information at about 4.15 p.m. that the accused was in possession of opium. Thereafter, the accused came from the side of Sandpur. Then he apprehended the accused and arrested him. He asked the accused whether he wanted to be searched by a Gazetted Police Officer or in the presence of a Magistrate but the accused agreed to be searched by the Sub-Inspector. The accused was carrying a gunny bag containing 45 kgs. of opium wrapped in a glazed paper. Then the Sub-Inspector took 10 grams of opium at sample and the remaining opium was sealed. Thereafter, a ruqa was sent to the police station on which the formal FIR was registered. The sample of the opium was sent to the Public Analyst. Thereafter, a charge-sheet was filed against the accused. The learned Additional Sessions Judge, Amritsar framed a charge against the accused for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the accused pleaded not guilty to the said charge. In order to prove the guilt of the accused, the prosecution examined four witnesses and marked the documents. On a consideration of the evidence on record, the learned Additional Sessions Judge convicted the accused for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to under­go rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. Aggrieved by the same, the accused preferred the above appeal.

(3.) IT is the case of the prosecution that when the S. I. of the Police was picketing on the culvert of a drain Bikhiwind public road, he received the secret information at about 4.15 p.m. against the accused and there­after the accused came from the side of Sandhpur. He tried to give a slip to the police but was apprehended and when he was asked whether he wanted to be searched by a Gazetted Officer or in the presence of a Magis­trate, the accused agreed to be searched for by the S. I. Thereafter, he was searched by the S. I. and a quantity of 45 kgs. of opium was recovered from the possession of the accused. Public Analyst also found that the sample was opium. Therefore, according to the prosecution, the accused committed the offence under Section 18 of the Narcotic Drugs and Psychotropic Sub­stances Act, 1985.