DEVA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 12.05.2004 passed by learned Judge, Special Court, Sangrur, whereby the appellant was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Sec. 18 of the NDPS Act.

(2.) The brief facts of the prosecution case are that on 08.12.2000, ASI Harwinder Singh along with other police officials on private vehicle was present on the bridge of canal minor at Jawandha in the vicinity of City Sunam. From the side of village Jawandha, one cyclist Sikander Singh son of Surjit Singh resident of Sunam, came there. ASI was talking with him. Meanwhile, a jeep bearing registration No. RJ -13C -5384, which was coming from the side of Jawandha, was signalled to stop. The driver disclosed his name as Deva Ram. ASI asked him that he, his jeep and the bag which he was carrying on his shoulder, were to be searched. An offer was given apprising the accused of his legal right to get the search conducted in the presence of any Gazetted Officer or Magistrate and the accused reposed confidence in the Investigating Officer. On search as per law, opium was recovered from the bag. Two samples of 10 grams each were separated and converted into sealed parcel and remaining opium, on weighment, came to 1 kgs. 900 grams, which was converted into bulk parcel. The sample parcels and bulk parcels were sealed and the seal after use, was handed over to Sikander Singh. The jeep and the case property were taken into police possession. Ruqa was sent to the police station, on the basis of which FIR was registered. Accused was arrested. Statements of witnesses were recorded. On return to the police station, the case property along with the accused was produced before SI/SHO Rajwinder Singh, who after verifying the investigation, affixed his seal on the case property. After necessary investigation, the challan was presented against the accused -appellant.

(3.) On presentation of challan against accused -appellant, copies of challan and other documents were supplied to him under Sec. 207 Cr.P.C. Finding prima facie case, the accused -appellant was charge -sheeted under Sec. 18 of the NDPS Act, to which he pleaded not guilty and claimed trial.