PARSHOTAM DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Parashotam Dass (hereinafter described as the appellantT) directed against the judgment and the order of sentence passed by the learned Sessions Judge, Sangrur dated 7-2-1996. 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 & Psychotropic Substances Act, 1985 (hereinafter described as the Ace). By the subsequent order of sentence of the same date, the learned trial court sentenced the appellant to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, he was to undergo further rigorous imprisonment for one year.

(2.) The relevant facts giving rise to the present appeal are that on 9-2-1994 SI Darbara Singh was the Officer in charge. Police Station Bhiwanigarh. On the said date, they were patrolling the area. He was joined by ASI Tarsem Lal. ASI Gurjit Singh and HC Shingara Singh. The members of the police party were proceedings towards Thaman Singh Wala. At about 4.15 P.M. they reached the Canal Minor Bridge in the area of Thaman Singh Wala. The appellant was seen coming from the opposite direction and was having a bag on his right shoulder. On seeing the police party, he tried to avoid it. On suspicion he was stopped. The appellant was told that a search is to be conducted and if he likes a Gazetted Officer could be called for the search. The appellant desired that the search be effected in presence of a Gazetted Officer. His statement was recorded in this regard.

(3.) A wireless message was flashed. Deputy Superintendent of Police Devinder Singh reached the spot. The appellant was produced before him. At the direction of OSP Devinder Singh, SI Darabara Singh conducted the search of the bag. It contained opium weighing 1 Kilogram and 250 grams. He had no licence for possession huge quantity of opium mentioned above. Two samples of 25 grams each were taken the samples and rest of the opium were converted into separate parcels and sealed with the seal of TDS Specimen of the seal were also prepared. Seal after use was given to ASI Gurjit Singh. The said parcels were taken into possession vide a recovery memo. Ruqa was sent to the police station, on the basis of which formal First Information Report was recorded. Rough site plan was prepared. On return to the police station these articles were deposited with MHC Narinder Singh. Subsequently, one representative sample was sent to Chemical Examiner, Punjab, Chandigarh. On receipt of report that it was opium, challan was presented in court.