(1.) THIS is an appeal filed by Balwinder Singh (hereinafter described as the appellant) directed against the judgment and order of sentence passed by the Additional Sessions Judge, Sirsa dated 7.1.1995. By virtue of the impugned judgment, learned trial Court held the appellant guilty of the offence punishable under section 17 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as the 'Act'). By the subsequent order of sentence dated 9.1.1995, the appellant was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, he was to undergo further R.I. for two years.
(2.) THE relevant facts are that on 16.6.1993, Sub Inspector Bhoja Ram was Officer Incharge, P.S. Baragudha. Alongwith A.S.I. Prem Singh and two Constables, he reached the bus stop of village Panjuana in his official vehicle. Secret information was received that the appellant, resident of village Sahuwala deals in opium and he would be going to Dhanis in the fields for sale of the same. On receipt of this information, wireless message was given to Jagdish Nagar, D.S.P. Headquarters, Sirsa. He came there in his official vehicle.
(3.) DURING the proceedings, many public persons were asked to join, but they showed their inability to join. Ruqa was sent to the police station. Formal F.I.R. was recorded, sample alongwith rest of the opium was deposited in the Malkhana. Subsequently sample of opium was sent for chemical analysis. Report was received that it contained opium. This resulted in filing of the challan against the appellant.