OM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed (through Superintendent of Jail) by Om Parkash (hereinafter described as 'the appellant'). It is directed against the judgment and the order of sentence passed by the learned Sessions Judge, Gurdaspur dated 3.3.1994. 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 Substance Act, 1985 (hereinafter described as 'the Act'). By the subsequent order of sentence of the same date, 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, the appellant was to undergo further rigorous imprisonment for one year.

(2.) THE relevant facts are that on 17.10.1992 Sub Inspector Ram Nath was posted at police station city, Pathankot. On the said date accompanied by Head Constable Pritam Lal and other police officials he was going to Mamoon Chowk. They were at a short distance from Mamoon Chowk, when the accused was seen coming from the opposite side. On seeing the police party, he tried to slip away but was apprehended.

(3.) THE learned trial court framed a charge against the appellant with respect to the offence punishable under Section 18 of the Act. The appellant pleaded not guilty and claimed trial. In support of its case the prosecution examined HC Pritam Lal (PW-1) and SI Ram Nath (PW-2). Besides that the affidavit of MHC Ranjit Singh and Constable Bishamber Dass were tendered alongwith the report of chemical examiner. The appellant was examined and prosecution evidence was put to him in the form of different questions. He denied the recovery of opium from his person and that he has falsely been implicated.