LAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Lal Singh has challenged his conviction and sentence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) for keeping in his possession one kilogram of opium on 23.3.1986 without licence for which he is sentenced to undergo rigorous imprisonment for ten years alongwith a fine of Rs. One lac and in default to further undergo rigorous imprisonment for five years.

(2.) BRIEF facts of the case are that on 23.3.1986 Head Constable Amritpal Singh of Police Station Bhikhi was going on patrolling alongwith Constables Sukhjiwan Singh, Paramjit Singh and Lachhman Singh from village Samaon to Khiwan Kalan. When they were half kilometer away from village Khiwan Kalan, they saw accused going ahead of them. On suspicion, he was apprehended. He was carrying a jhola which contained a tine packet containing the said contraband. A sample of 10 grams was separated. The sample and the remainder were sealed separately with the seal bearing the inscription 'APS'. Recovery Ex.PA was drawn. Ruqa Ex.PC was sent to Police Station Bhikhi whereupon First Information Report Ex.PC/1 was recorded by SHO Sukhdev Singh. Rs. 150/- were also recovered from the accused at that very time. After completing the investigation on the spot Head Constable Amritpal Singh brought the accused and the contraband to the Police Station. Contraband was deposited in the malkhana of Police Station. Later on sample was sent to Chemical Examiner for examination who opined that it contained morphine. On these facts, the appellant was charged under section 18 of the Act.

(3.) DURING trial, prosecution examined constable Sukhjiwan Singh PW1 and Head Constable Amritpal Singh PW2. Affidavits of Constable Dayal Singh (Ex.PF) and of AMHC Jangir Singh (Ex.P.G) were tendered in evidence. Report of the Chemical Examiner was also tendered in evidence.