AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 20.04.2000, rendered by the Court of Additional Sessions Judge, Sangrur, vide which it convicted the accused/appellant Ajit Singh, 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.

(2.) THE facts, in brief, are that on 29.06.1993, DSP Surjit Singh along with his driver and gunmen in Government Gypsy, whereas, Gurbax Singh, Sub Inspector, along with other police officials, in a separate Government vehicle, were going from the side of Rajomajra towards the fields, through Katcha passage, in connection with detection of suspicious persons, and when at about 4.30 p.m. they reached on the bridge of drain in the area of Rajo Majra, accused (Ajit Singh) was seen by them coming from the side of railway lines, on the pavement of the drain, who on seeing the police vehicles, tried to retreat. On suspicion, the vehicles were stopped. DSP Surjit Singh with the help of Gurbax Singh and other police officials, apprehended the accused, who disclosed his name as Ajit Singh son of Gopal Singh, resident of village Bhadalwad, Police Station, Barnala. DSP Surjit Singh conducted search of the cloth bag, being carried by the accused in his right hand as a result whereof recovery of 10 KGs. opium was effected therefrom. He could not produce any permit or licence. After drawing two samples of 10 grams each, the remaining opium, was put into a separate tin box. The samples, and the tin container, were sealed with the seal, bearing impression 'GS' and taken into possession, vide memo PA. Seal after use was returned to SHO Gurbax Singh. On further personal search of the accused, currency notes of Rs. 55/- were also recovered, which were taken into possession, vide memo Ex.PB. Ruqa Ex.PC was sent to the Police Station, on which formal FIR Ex.PC/1, was recorded. Site plan Ex.PD 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 his case, examined Gurbax Singh, Sub Inspector (PW-1), Surjit Singh, S.P. (PW-2), the Investigating Officer, H.C. Pritpal Pal Singh (PW3), C. Darbara Singh (PW4) and Sh. A.S. Kathuria, the then Addl. District and Sessions Judge (PW5). The Addl. PP for the State, tendered into evidence report of the Chemical Examiner Ex.PG and closed the same.