RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against judgment/order of sentence dated 23.7.1996 of the Additional Sessions Judge, Sangrur (hereinafter described as 'the trial Court') vide which the appellants have been convicted under the provisions of Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac each, in default whereof, they have been required to undergo further rigorous imprisonment for one year each.

(2.) THE prosecution case, in brief, is that on 31.1.1991 when a police party headed by Sub Inspector Bharat Singh was present on the bridge of drain in the area of village Tiba in connection with a 'nakabandi'. Some officials of Border Security Force were also with it. At about 2.00 A.M., the appellants are said to have come from the side of village Mangal on a tractor-trolley. The same was being driven by appellant-Raghbir Singh, while appellant-Badardin was sitting in the back of the trolly. On a signal being given by Sub Inspector-Bharat Singh, the tractor-trolley stopped. As some bags were lying in the trolley, the police officials expressed their intention to search the same. Simultaneously, an option was given to the appellants as to whether they wanted to be searched in the presence of a gazetted officer, but they reposed confidence in the police officials and offered themselves for search.

(3.) THE sample parcels and the bags were sealed with the seal bearing impression of 'BS' and all the articles were taken into possession by the police. The seal, after use, was handed over to A.S.I. Sukhdial Singh.