BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Balwinder Singh son of Tar Singh (hereinafter described as 'the appellant') directed against the judgement and the order of sentence passed by the learned Sessions Judge, Faridkot dated 8.4.1995. By virtue of the impugned judgement the learned trial court held the appellant guilty for the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By virtue of the order of sentence passed subsequently, 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 more.

(2.) THE relevant facts are that on 19.9.1992. A.S.I. Puran Singh was heading a police party. The were patrolling the area and were going towards Kothe Waring on Kotkapura -Mukatsar road. The police party was at a distance of 400 yards towards Kothe Waring. The appellant was seen coming from the opposite side. On seeing the police party, he tried to slip on his right side. He was holding a bag in his right hand, on suspicion he was apprehended.

(3.) A .S.I. Puran Singh told him that if he wants his person can be searched before a Gazetted Officer or a Magistrate for purposes of search of the bag. The appellant reposed confidence in A.S.I. Puran Singh. The statement of the appellant in this regard was recorded. A.S.I. Puran Singh searched the bag of the appellant. Opium wrapped in a polythene paper was recovered. The contents were weighed and found to be 350 grams. 10 grams was taken as the sample. The sample and rest of the opium were converted into two separate parcels and sealed with the seal of "PS". Both the packets were taken into possession vide a recovery memo.