(1.) PROSECUTION case in brief is that on 19.4.1987 ASI Jagdish Lal in the company of other police officials, was going from village Bahavwala to Rajpura in connection with patrol duty and in the area of Rajpura, the accused was spotted and when he tried to slip away, he was apprehended on suspicion. On search of the bag carried by the accused, one kilogram of opium was recovered. Sample of 10 grams of opium was taken out and the remaining opium was put into a separate tin. The sample and the tin containing bulk opium were sealed with seal JLS and the case property was taken into possession vide memo Ex. PB. ruqa Ex. PA was drawn at the spot and was sent to the Police-Station, Sadar Abohar for registration of the case whereupon formal FIR Ex. PA/1 was recorded. Rough site plan Ex. PE was prepared at the spot. The case property was produced before SI/SHO, Major Singh, at the Police- Station, who sealed that same with his own seal. Open receipt of the report of the Chemical Examiner and on completion of the investigation of the case, challan against the accused was presented in the committing Court.
(2.) COPIES of necessary documents under Section 207 Cr.P.C. were supplied to the accused and the accused was committed to the Court of Session by Shri M.R. Garg, Sub Divisional Judicial Magistrate, Fazilka. Charge was framed against the accused under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the N.D.P.S. Act). The accused pleaded not guilty and claimed trial.
(3.) THE accused when examined under Section 313 Cr.P.C. controverted the prosecution allegations and pleaded false implication.