OM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused was prosecuted and convicted by the Additional Sessions Judge, Ludhiana on the charge under Section 18 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) BRIEFLY stated, the prosecution case is that on 24.12.1985 while the police party was on patrolling duty, it happened to spot the appellant-accused. They found that the movements of the accused were suspicious inasmuch as he retraced his steps on seeing the police party. The police party, therefore, accosted him. On search of his bag, it transpired that the bag contained 1 Kg and 950 gms of opium wrapped in a glazed paper. The opium was weighed and duly sealed. Accused was taken in custody and he was brought to the police station. At the police station, a report was made. On the basis of that report, F.I.R. was recorded and registered on the same day at about 7.00 p.m. The arrest of the accused and the attachment of the opium had taken place at about 6.40 p.m. on the same day.

(3.) AFTER investigation, the police put the challan against the accused. After the evidence led by the prosecution was over, the accused was questioned under Section 313 of the Code of Criminal Procedure. The defence by the accused in general was that he was wrongly apprehended at the bus stand and thereafter these policemen demanded illegal gratification from him in order to let him off. Since he did not give that gratification he was falsely booked for the offence.