PREM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -appellant has come up in appeal against the judgment dated 7.11.1986 of Shri R.L. Anand, Additional Sessions Judge Ludhiana, whereby he has convicted the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter in short the 'Act') and sentenced him to 10 years rigorous imprisonment with a fine of Rs. one lac, in default to further undergo rigorous imprisonment for two years.

(2.) THE factual matrix of the case is that on 23rd of January, 1986 at about 4 a.m. Head Constable Nasib Chand (PW-2), Head Constable Sukhdial Singh (PW-1) and Constable Sukhbir Singh started from the police station Kotwali for patrolling. On the way Constable Sukhdev Singh also joined them. When they were proceeding towards the side of Chowk Mata Rani at about 4.20 a.m. they saw accused coming from the side of Chowk Mata Rani. He was carrying a Jhola Ex. P-2 in his hand. On seeing the approaching police party, the accused sat on the ground simulating to urinate. Thus on suspicion, Head Constable Nasib Chand along with the members of his police party apprehended the accused and took the search of Jhola Ex.P-2. It contained opium weighting 2 kgs 10 gms. Head Constable Nasib Chand took out a sample of 5 gins. Kept it in empty match box. The remainder was kept in a tin box Ex-P.1 and both the parcels were sealed with his seal bearing alphabet 'N'. He also prepared a seal impression on a paper. After use, the seal was handed over to the Sukhdial Singh. Ruqa was sent to the police station, FIR Ex.PG/1 was recorded. After completing the investigation Head Constable Nasib Chand went to the police station along with the accused. He deposited the case property with seals intact with MHC Shamshun. Later on this sealed packet of the sample of opium was sent to Chemical Examiner who gave his report Ex.PG and opined that it contains opium.

(3.) THE prosecution examined Head Constable Nasib Chand (PW-2), Head Constable Sukhdial Singh (PW-1) and tendered in evidence affidavits of MHC Shamshun Ex.P.E. and of Kuldip Singh, Ex-PF and report of the Chemical Examiner Ex.P.G.