TARA CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TARA Chand has been held guilty by the learned Additional Sessions Judge, Sangrur for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By the subsequent order of sentence of even date (26.4.1995), the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac. In default of payment of fine, he was directed to undergo further rigorous imprisonment for 2 years. Aggrieved by the said judgment and the order of sentence, the present appeal has been filed.

(2.) THE facts of the prosecution case alleged are that on 12.3.1989 SI Balwant Singh along with ASI Rama Shankar and other police officials were going for patrolling from village Ladel to village Gidrani in a jeep via metalled road. There is a bridge of Seme Nalla in the area of village Gidrani. The police party was at a distance of 5-6 karams from that bridge, when one Ajaib Singh a public person met them. In the meantime, the appellant was seen coming from the side of the village. On seeing the police partyy, he became nervous and tried to slip away towards his right hand. On suspicion, he was stopped. Enquiries were made about his whereabouts.

(3.) RUQA Ex. PB was sent to the police station on the basis of which formal FIR was registered by MHC Joginder Singh. The appellant was arrested and his personal search was conducted. Rough site plan was prepared. The case property was deposited in the Malkhana. Later the representative sample was sent for chemical analysis. On receipt of the report that it was opium, challan against the appellant was presented.