JASVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this appeal, the appellant challenges his conviction by the learned Judge, Special Court, Moga, for the commission of an offence punishable under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the Act), as also the order of sentence imposing a punishment of 1 years' rigorous imprisonment upon him, in addition to a fine of Rs.8,000/- having been imposed, in default of which he is to further undergo rigorous imprisonment for 6 months.

(2.) As per the case of the prosecution, ASI Sukhjinder Singh, along with HC Baljinder Singh and some other police officials, was present at Bughipura Chowk falling under the jurisdiction of Police Station Mehna, District Moga, on patrolling duty, where the ASI is stated to have received secret information that the appellant, Jasvir Singh son of Naib Singh, resident of village Talwandi Bhai, is in the habit of selling opium, which he was doing at that point also, at the Bus Stand, Link Road, Mehna. The ASI is stated to have reduced into writing the information received, after which he along with his party reached the bus stand, where one clean shaven person was seen to be standing (as per the prosecution version), who on seeing the police party 'got perplexed' and was apprehended. On enquiry, he is stated to have disclosed his name as Jasvir Singh (the present appellant).

(3.) He is stated to have been told that there was suspicion that he was carrying intoxicant material with him and that had a legal right to get himself searched in the presence of a gazetted officer or a Magistrate but the appellant is stated to have reposed confidence in the Investigating Officer and signed a consent memo for being searched by him.