UJAGGAR SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 25th August, 1999 rendered by the Court of learned Additional Sessions Judge, Bathinda, whereby he convicted and sentenced the appellant/accused to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/ -(one lac) and in default thereof, to further undergo rigorous imprisonment for six months, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the Act').

(2.) SHORN of all unnecessary details, the prosecution case is that on 27th June, 1996, ASI Kaur Singh accompanied by other police officials including HC Mithu Ram when reached on Government vehicle (Canter) bearing registration No. PB -03 -1016 being driven by Constable Iqbal Singh at the outskirts of village Kanakwal for patrolling and checking of suspects, Nachattar Singh PW met them. He was joined in the police party. When the police party including Nachattar Singh was going from village Kanakwal to village Naurang through a kutcha passage and reached 2 kms ahead of village Kanakwal near the water course, the accused was spotted coming afoot from the opposite side with a bag hanging from his shoulder. On catching sight of police party's vehicle, he made an attempt to slip away towards his left side fields of Charry (Sorghum). The aforesaid ASI got the vehicle stopped and intercepted the accused with the help of his companions. The said ASI told the accused that he was suspected to be in possession of some intoxicants and asked whether he wants his search to be carried out in the presence of a Magistrate or a Gazetted Officer. He opted to be searched before an officer of some higher rank. On receipt of message from the abovesaid ASI through walky -talky, DSP Jaswant Singh came at the spot in a Government Gypsy. He inquired from the accused and then on his direction, the aforesaid ASI conducted the search of the bag, which yielded opium duly wrapped in a polythene envelope. 20 grams opium was separated to serve as a sample and the same was converted into a parcel.

(3.) THE seal after use was handed over to HC Mithu Ram. Thereafter, both the parcels were seized vide recovery memo. Ruqa was sent to the police station, where on its basis formal FIR was recorded. The accused was arrested. On receipt of Chemical Examiner's Report and after completion of investigation, the charge -sheet was laid in the Court for trial of the accused.