JAGAN NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated January 6, 1996, passed by the Additional Sessions Judge, Amritsar, whereby the appellant has been convicted for an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/-, or in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The facts necessary for the disposal of this appeal are that on July 23, 1994. S. I. Nirmal Singh (PW-2) along with DSP Ravi Bhushan (PW-5), SI/SHO Surinder Singh (PW-3) and other police officials held Nakabandi near railway crossing Mann in the area of Ghariala. Shri Shabeg Singh, President Co-operative Society, Ghariala, was joined in the party. At about 10.30 a.m. the appellant was spotted while coming on the road Baba Sher Singh. On a suspicion, he was detained. S. I. Nirmal Singh (PW2) informed the appellant that the former had a doubt that the appellant had opium with him and if he (appellant) so wanted, he could be searched either before a Magistrate or a DSP who was present there. The appellant expressed his desire to be searched in the presence of said DSP vide Exhibit PA. On a search of the plastic bag held by the accused in his right hand conducted by S.I. Nirmal Singh (PW-2), opium wrapped in a glazed paper was recovered. A sample weighing 20 gms. of the contents was separated. The sample as well as the remaining contents were converted into two separate sealed parcels with the seals of 'NS' and 'RBJ'. Both the seals after use were handed over to the SHO Surinder Singh. Recovery and personal search memos were prepared on the spot. Ruqa (Exhibit PD) was sent to the police station, on the basis of which formal FIR carbon copy of which is Exhibit PD/1, was recorded. Case property was deposited in the Malkhana. On 16-9-1994, the sample parcel was sent to the office of the Chemical Examiner and after the receipt of his report the investigation was completed and a charge-sheet was submitted to the Court.

(3.) A charge under Section 18 of the Act was framed against the appellant which he denied and claimed trial.