AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated October 29, 1996, passed by the Additional Sessions Judge, Faridkot, whereby the appellant has been convicted for an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ('the Act') and sentenced to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs. 1,00,000/- in default of payment of fine to further undergo rigorous imprisonment for a period of two years.

(2.) The facts necessary for the disposal of this appeal are that on 10-1-1995, a police party headed by Narinderpal Singh, superintendent of Police, Moga, was present in the area of village Dalla on the bridge of canal minor, Katcha path leading from Mehna to Tarkhanwadh. At about 7.00 a.m. a tractor bearing registration No. HRJ-6493, being driven by the appellant was sighted while coming from the side of village Tarkhanwadh. The same was stopped. There was one gunny bag lying on the tractor near the driver's seat. S. P. Narinderpal Singh told the appellant that he (S.P.) had suspicion that the appellant was carrying some intoxicant in the gunny bag and accordingly, he (S.P.) wanted to take search of the same. He also informed the appellant that he was Superintendent of Police, Moga, and enquired if the appellant had any objection regarding search being conducted by him (S.P.). The appellant gave his consent in affirmative which was reduced into writing (Exhibit PB). Efforts were made to join independent witness but in vain. On conducting a search of the gunny bag by the said S.P., it was found to contain opium, wrapped in a glazed paper, weighing 50 kgs. of opium. 100 Gms. of the contents were separated by way of sample. The sample and the remaining opium were converted into separate sealed parcels with the specimen seal of Narinderpal Singh i.e. 'NPS'. The seal after use was handed over to SHO Ajmer Singh, a member of the police party. The sample as well as the remaining opium along with the tractor were seized by preparing a seizure memo (Exhibit PC). Ruqa (Exhibit PE) was sent to the Police Station, on the basis of which formal first information report (Exhibit PE/1) was recorded. Rough site plan (Exhibit PF) of the place of recovery was prepared. The accused along with the case property was produced before the Ilaqa Magistrate with an application, carbon copy of which is Mark 'X' and then the case property was deposited in the malkhana at Police Station, Mehna. The sample-parcel was sent to the office of the Chemical Examiner and the report (Exhibit PJ) was received. After completing the investigation, a charge-sheet was filed in theCourt.

(3.) A charge under Section 18 of the Act was framed against the appellant to which he pleaded not guilty and claimed trial.