JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Jarnail Singh (hereinafter described as "appellant") directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Ferozepur dated 19.9.1994. By virtue of the impugned judgment, the learned trial Court held the appellant guilty of the offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "Act"). By the subsequent order of sentence, the appellant was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. one lakh. In default of payment of fine, he was to further undergo rigorous imprisonment for three years.

(2.) THE relevant facts are that on 12.10.1992, ASI Iqbal Singh in the company of other police officials was going from the side of village Kamalwala to Mammu Khera. They were in a private jeep. When the police party reached near the bridge of the canal minor situated in the area of village Mammu Khera, the appellant was seen coming from the side of village of Mammu Khera. On seeing the police party, the appellant tried to slip away. On suspicion he was stopped.

(3.) RUKA was sent to the Police Station on basis of which formal FIR was prepared. On return to the Police Station, ASI Iqbal Singh produced the appellant and the case property before Inspector, the officer in charge of the Police Station, he also fixed the seal of IS on the same. He took the case property into his possession. It was deposited in the Malkhana. Subsequently, the representative sample was sent for chemical analysis. On receipt of the report that it was opium, report under section 173 Cr.P.C. was submitted.