JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed against the judgment of conviction and order of sentence dated 26.10.2004, passed by the learned Special Court, Kapurthala whereby he has been convicted for a period of three years under Section 18 of The Narcotic Drugs and Psychotropic Substances Act, on account of recovery of 1 Kg of opium without any permit or licence on 30.01.1986.

(2.) Brief facts of the case are that on 30.01.1986 SI Jagir Singh along with ASI Attar Singh and some other police officials was going from the police station Subhanpur towards village Nadla, Lakhan-Ke-Padde, Bamuwal and Khanpur etc. When the police party reached near the chowk of Bus Adda Lakhan Ke Padde a person, who was carrying a Jhola in the right hand, was found standing. On seeing the policy party, he at once sat down and he was apprehended of suspicion. On enquiry, he disclosed his name as Joga Singh son of Rattan Singh, resident of village Ghage, P.S. Verorwal, District Amritsar. When his personal search was conducted, a Jhola containing opium wrapped in a glazed paper was recovered from his possession. 5 Grams of opium was separated as a sample and the remaining opium was weighed which came to be 995 grams. Two separate parcels were prepared and the same were sealed with the seal of SI Jagir Singh bearing impression JS and the specimen of seal taken into possession vide recovery memo. Ruqa was sent to the Police Station and on the basis of which formal FIR was recorded. The accused was arrested.

(3.) The trial Court after going through the entire evidence led by the prosecution, came to a conclusion that the accused/petitioner is guilty of the aforesaid offence as the prosecution has succeeded in proving on record its case beyond shadow of any doubt.