KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated May 17, 1995, passed by Additional Sessions Judge, Amritsar, whereby the appellant has been convicted under S. 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- or in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) The facts necessary for the disposal of this appeal are that S.I. Satnam Singh, Officer-In-Charge of Police Station, Jhabal, along with other companions was on patrolling duty. He received a secret information that the appellant was indulging in illicit trafficking of narcotics and he could be apprehended in the area of village Mirpur. This information was sent to the police station in the form of a ruqa Exhibit PD, on the basis of which formal First Information Report exhibit PD/1 was recorded. On the receipt of a message, DSP Jaspal Singh also reached the place of nakabandi on the bridge of canal minor in the area of Mirpur. At about 10.00 a.m. the appellant was sighted while coming and having a bag in his hand. DSP Jaspal Singh (P.W. 1) conducted the search of the said bag which was found to contain one kilogram of opium. 10 grams of the cotents were separated by way of sample. The sample and the remaining opium were converted into two separate parcels with the seal of 'JS' and were taken into possession vide memo Exhibit PA. The seal after use was handed over to ASI Amrjit Singh. Sealed sample parcel was sent to the office of Chemical Examiner and the report Exhibit PE was received. After completing the investigation, a charge-sheet was filed in the Court.

(3.) A charge under S. 18 of the Act was framed against the appellant, who pleaded not guilty and claimed to be tried.