SHANKER DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 23.9.2000, rendered by the Court of Addl. Sessions Judge, Gurdaspur, vide which it convicted the accused (now appellant), for the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of two year, for having been found in possession of 825 grams charas, without any permit or licence.

(2.) THE facts, in brief, are that during the night intervening 20/21.10.1997 at around 2 am, the police party headed by SI/SHO Yash Pal along with ASI Satish Chander and other police officials were holding a picket on the defence road Chowk Wala Khu, in the area of Police Station Shahpur Kandi, when the accused was seen coming from the side of Madhopur on foot, who was directed to stop. He was found carrying a bag (Jhola) on his left shoulder. On seeing the police party, he tried to turn back, but was apprehended. On search of the bag, in the presence of DSP Inderjit Sharma, 825 grams charas was recovered therefrom. A sample of 25 grams was separated there from, and put into a separate container. The remaining charas was also put into a separate container. The sample, and the container, containing the remaining charas, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, was prepared. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined HC Paramjit Kumar PW1, a formal witness, HC Lakhwinder Singh, PW2, SI Yash Pal, PW3, Investigating Officer, ASI Satish Chander, PW4, Constable Amir Masih, PW5, Constable Vijay Kumar PW6, and DSP Inderjit Sharma, PW7. Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.