DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT accused has assailed the judgment dated December 15, 1986, delivered by Shri Babu Ram Gupta, Additional Sessions Judge, Karnal, wherin he has convicted him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) and sentenced to 10 years' rigorous imprisonment with a fine of Rs. 1 lakh and in default of payment to undergo further rigorous imprisonment for five years.

(2.) IN a nutshell, facts of the case are that on March 5, a police party consisting of Inspector Swaran Singh, ASI Shingara Singh, ASI Devi Singh, Head Constable Som Nath and three Constables, officials of CIA staff, Karnal were returning from the side of Red Light Chowk towards Bus Adda Panipat. On the way they met Madan Lal and Faquir Chand. At about 5.30 p. m. Police party noticed accused coming from the side of Bus Adda Panipat. Seeing the Police party the accused tried to evade, but on suspicion he was apprehended. The accused was carrying a Jhola. When it was checked, it was found that it contained 3-1/2 Kgs. of Charas. The accused was not having any licence in his possession 50 grams of Charas was taken out as sample. This sample and the remainder were duly sealed with the seal 'SS'. Seizure Memo Exhibit P-l was prepared. Thereafter usual investigation was done and the contraband article alongwith the accused was taken to the Police Station. Property was deposited in the Malkhana. Later on, the sample was sent to the Chemical Examiner for analysis. After analysis he gave report Exhibit PF and opined that it contained Charas.

(3.) PROSECUTION examined three witnesses, namely, Madan Lal PW-1, Faquir Chand PW 2 and Inspector Swaran Singh PW 3. Affidavits Exhibits PQ and PG/1 and the report of Chemical Examiner Exhibit PF were also tendered in evidence.