LAWS(P&H)-1996-5-235

SOHAN SINGH Vs. STATE OF PUNJAB

Decided On May 27, 1996
SOHAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS is an appeal filed by Sohan Singh (hereinafter described as the appellant') directed against the judgement and the order of sentence passed by the learned Additional Sessions Judge, Ambala dated 14.1.1995. By virtue of the impugned judgement, the learned trail court held the appellant guilt of the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as the Act'). By the subsequent order of sentence, he was directed 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 facts of the prosecution case alleged are that or. 2.10.1992 S.I. Sher Singh accompanied by A.S.I. Suraj Bhan, H.C. Des Raj, H.C. Baljinder Singh and some other were present in a Government jeep. They were patrolling the area near Novelty Cinema, Ambala City. At about 4.00 P.M. seer ci information was received by S.I. Sher Singh that a person named Sohan Singh resident of Pinjore was coming from the side of the Fodder Market and is in possession of opium.

(3.) ON receipt of this information, the police party went towards Fodder Market, Ambala City. They reached near 'T' point, Fodder Market. The appellant complaint was seen coming to the side of Foddar Market from G.T. Road. On seeing the Police party, he tried to avoid them on suspicion was stopped. The appellant was told that he was suspected to be in possession of certain contraband articles and his person is to be searched. He was further told as to whether he would like to be searched in presence of a Gazetted Officer or a Magistrate. The appellant desired to be searched in presence of a Gazetted Police Officer. Notice was served to the appellant and he gave his consent memo which was thumb marked by him.