RAM PARSHAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction, and the order of sentence dated 6.4.2000, rendered by the Court of Addl. Sessions Judge, Bathinda, vide which it convicted the accused/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 4 kgs opium, without any permit or licence.

(2.) THE facts, in brief, are that, on 1.2.1994 SI Gulzar Singh of CIA Staff, Bathinda, accompanied by other police officials left Bathinda in a Government vehicle (canter) for villages Teona, Jhumba etc. in connection with patrol duty and detection of crime and when the police party reached Bus Stop, Teona, SI Ram Parkash, the then SHO Police Station Saddar,Bathinda, accompanied by some other police officials and one Ajaib Singh Chowkidar came across the police party of Gulzar Singh SI and they were also joined with it. Thereafter the said Police party headed by SI Gulzar Singh left towards village Baho Yatri, in connection with checking of crime. When at about 3.30 pm, they reached about 2 kms ahead of village Teona, accused Ram Parkash was spotted coming from the opposite direction while carrying some thing in a cloth bag on his shoulder. On noticing the police vehicle he at once tried to slip away. On suspicion he was apprehended. On search of the bag, in accordance with the provisions of law in the presence of SP Amrik Singh, who was called to the spot , 4 kgs opium was recovered therefrom. A sample of 10 grams was separated. The sample, and the container containing the remaining opium, were converted into parcels, duly sealed, with the seal, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The accused was arrested. Rough site plan of the place of the recovery, was prepared. 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 DSP Amrik Singh, PW1, SI Gulzar Singh, PW2, Chander Bhan, PW3, and SI Ram Parkash, PW4 Thereafter, the Additional Public Prosecutor for the State closed the prosecution evidence.