ROSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence dated 23.5.2016 vide which the appellant was sentenced to ten years rigorous imprisonment under Section 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) along with fine of Rs. 1,00,000/-. In default of payment of fine, he was to further undergo rigorous imprisonment for three years.

(2.) The case of the prosecution is that on 13.10.2013, ASI Satbir Singh along with the police party were on patrol duty and were going to CIA Chowk near the truck union turning in private vehicles. When they reached near Simbal chowk, secret information was received that Roshan Lal who was habitual in selling intoxicants was going from Simbal Chowk towards Chakki bridge. Naka was laid and checking was started. After about 10 minutes, the accused was seen coming carrying a polythene bag in his right hand and was on foot. On seeing the police party, he suddenly tried to turn back and was apprehended. The investigating officer disclosed his identity and designation and that they suspected him to be carrying intoxicant material. The investigating officer apprised him of his right to be searched before a gazetted officer or a Magistrate. The accused reposed confidence in the investigating officer. The investigating officer made an attempt to join independent witness but no one was ready. The polythene bag was checked. Two samples of 10 grams each were recovered which were put in two small plastic containers. The remaining residue was weighed which was 980 grams. The samples and the remaining contraband was sealed bearing seal impression 'SS'. On receipt of chemical examiner's report and after completing the formalities, challan was presented.

(3.) Charge was framed against the accused under Section 20 (b) of the Act to which he pleaded not guilty.