GOBIND SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and order of sentence to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.50,000/-. In default of payment of fine, further undergo rigorous imprisonment for six months.

(2.) The facts as noticed by the learned trial Court are extracted as under:-

(3.) Investigating Officer separated one vial of Rexcof as sample and prepared a sample parcel. Remaining 9 vials of Rexcof were also converted into parcel. Investigating Officer sealed both the parcels with his seal bearing impression 'SS'. Sample seal was prepared separately. Seal after use was handed over to HC Gurmit Singh. Form No.29 was filed in by the investigating officer at the spot. Both the parcels of the case property along with sample seal slip and form No.29 were taken into police possession vide recovery memo, which was witnessed by the witnesses. Personal search of the accused was conducted. Ruqa was sent to the police station through HC Karnail Singh and on its basis, formal FIR was registered by Inspector Bant Singh. Rough site plan was prepared by the investigating officer.