KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant Criminal Appeal has been filed by Shri Karnail Singh son of Kaka Singh, resident of Village gaggerpur, Police Station, Sangrur, against the judgment and order dated August 19, 1994, passed by Additional Sessions Judge, sangrur, who convicted the appellant under Section 18 of the Narcotic Drugs and psychotropic Substances Act, 1985 (hereinafter to be referred to as the "act") and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. one lac, for keeping in his possession 3,500 grams of Opium without any permit or licence. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of one year.

(2.) IN brief the facts of the case are that on 23. 03. 1989, a police party head by ASI parkash Chand of Police Station, Sangrur, was proceeding from Village Gaggerpur towards Village Sajuma on patrol duty, in gypsy which was being driven by HC Hans raj. He was accompanied by ASI Nirbhai singh, constables Hakam Singh and Jora singh. When they reached near the bridge of Sem Nala' at about 3. 15 p. m. the accused was seen coming from the opposite side holding a bag in his right hand, it is alleged that the accused on seeing the police party tried to slip towards his right hand side and on suspicion he was stopped and apprehended. After the completion of all the requisite formalities, the person of the accused was searched and he was found to be in possession of 3. 500 grams of opium wrapped in a glazed paper, contained in the bag. Two samples of 10 grams each were drawn out of the recovered stuff. The samples and the remaining opium weighing 3. 480 grams were sealed separately by the ASI with his seal bearing the seal impression 'pc' and the case property was taken into possession. Information was sent to the Station. House officer regarding the apprehension of the accused and the recovery of contraband, whereupon the present case was registered against the accused. After complying with all other formalities, in course of time, the report was sought from the Chemical examiner who found the contents of the sample as opium. After the completion of the investigation of the case, report under section 173 of the Code of Criminal procedure was filed in the court of Area magistrate who after supplying the copies of the documents to the accused, committed the case to the court of Sessions vide order dated 01. 08. 1989.

(3.) ON appearance of the accused before the Additional Sessions Judge, Sangrur, the report under Section 173 Cr. P. C. and all other documents were taken into consideration and prima facie a case under Section 18 of the NDPS Act was found to have been made out against the accused. He was accordingly charge-sheeted thereunder on 23. 8. 1989 but lateron vide order dated september 14, 1990 the charge was amended, which was read over and explained to the accused in Punjabi, to which he pleaded not guilty and claimed trial.