GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 13.11.2003, rendered by the Judge, Special Court, Rupnagar, vide which he 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 10 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 three years, for having been found in possession of 1 Kg. opium, (now falling within the ambit of non-commercial quantity) without any permit or licence.

(2.) THE facts, in brief, are that on 2.10.2000, Manvir Singh, SI/SHO, alongwith other police officials, was present at T-point Rangilpur, in connection with checking of vehicles, and holding a special picket. At that time, truck bearing No. UP-13-3787, was stopped by the police party, On enquiry, the driver of the truck, disclosed his name as Balbir Singh S/o Ujjagar Singh. On the left side of the driver, one person was sitting, who disclosed his name as Gurdev Singh. He was carrying a bag, in his right hand. Search of the bag, being carried by Gurdev Singh, accused, was conducted, in the presence of Sukhwinder Singh Uppal, DSP, who was called to the spot, by sending a message. It was found containing one plastic box, in which 1 kg. Opium, wrapped in a glazed paper, was lying. Two samples of 10 grams each, were separated therefrom, and the remaining opium, was kept in the same plastic box. The samples, and the plastic box, 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 Shamsher Singh, MHC, (PW-1), S.S.Uppal, DSP, (PW-2), Kulwinder Singh, Constable (PW-3), Manvir Singh, SI/SHO, (PW-4), the Investigating Officer, Gulzari Lal, Constable (PW- 5), and Balbir Singh, SI (PW-6). The Addl. Public Prosecutor for the State, tendered into evidence Ex.PX, report of the Chemical Examiner, and, thereafter, closed the prosecution evidence.