BALBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 21.8.2000, 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 2 kgs. 100 grams of opium, without any permit or licence.

(2.) THE facts, in brief, are that on 15.5.1995, ASI Chhota Ram, accompanied by other police officials, left the Police Station, by a Govt. Jeep for patrol duty, in the area of villages Sukhladhi, Tarkhan Wala, Bagha etc. and when the Police party reached near village Bagha Balkar Singh, a public witness, came across it and he was also joined. When the police party reached Tarkhan Wala- Sukhladhi road crossing in the area of said village Bagha, accused Balbir Kaur was seen coming from the side of village Tarkhan Wala while carrying a bag. However, on seeing the Police party, she, at once, tried to give a slip by a hasty retreat. On suspicion she was apprehended. ASI Chhota Ram suspected that some contraband was being carried by her, in the bag, held by her. Accordingly the search of the bag was conducted, in accordance with the provisions of law, in the presence of Jatinder Singh Aulakh, S.P.(H) and Satish Kumar Asthana, IPS, as a result whereof 2 kgs. and 100 grams opium, was recovered therefrom. A sample of 10 grams was taken out. The sample, and the remaining opium in a packet 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. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Surjit Singh, SHO Police Station Raman, PW1, who produced the case property as well as the accused before the Judicial Magistrate Ist Class, Talwandi Sabo on the next day and also sent the sample to the Chemical Examiner, Patiala, Constable Bikkar Singh, PW2, who tendered his affidavit Ex. PE ASI Chhota Ram, PW3, the Investigating Officer of the case and Jatinder Singh Aulakh, at that time Superintendent of Police (Headquarter) PW4, a witness to the recovery. Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.