JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 10.11.1997, rendered by the Court of Addl. Sessions Judge, Sangrur, vide which it convicted the accused (now appellant), for the offence punishable under Section 18 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 one year, for having been found in possession of 1 Kg. 250 grams opium (now falling within the ambit of noncommercial quantity), without any permit or licence.

(2.) THE facts, in brief, are that on 25.6.1996, Ashok Mohan, SI/SHO, alongwith other police officials, in a Govt. vehicle bearing No. PB-13B-1601, was present in the revenue limits of village Papra, in connection with holding a picket, when Gurcharan Singh S/o Diwan Singh, was also joined, in the police party. At that time, the accused came from the side of village Lehalkalan, on metalled path. He tried to retreat, on seeing the police party. On suspicion, he was apprehended. The search of the bag, being carried by him, was conducted, in accordance with the provisions of law, which yielded the recovery of 1 Kg. 250 grams opium. Two samples of 10 grams each, were separated therefrom, and put into the separate small containers. The remaining opium was also put into a separate container. The samples, and the container, containing the remaining opium, 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. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Ashok Mohan, SI/SHO (PW- 1), Swaranjit Singh, ASI (PW-2), Surinder Kumar, HC (PW-3), and Karnail Singh, Constable (PW-4). The Addl. Public Prosecutor for the State, tendered into prosecution evidence, Ex.PF, report of the Chemical Examiner, and, thereafter, closed the same.