SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 26th November, 1994 passed by the Court of Additional Sessions Judge, Gurdaspur, who convicted the appellant Satnam Singh under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was ordered to undergo rigorous imprisonment for a further period of two years.

(2.) SATNAM Singh appellant faced the charge under Section 18 of the Act on the allegations that on 26th December, 1992, he was allegedly found in possession of opium weighing 2 kgs. in the area of canal bridge Tatle without any licence or permit and thereby he allegedly committed the offence under the aforesaid Section.

(3.) LEARNED Additional Sessions Judge framed the charge under Section 18 of the Act, which was read over and explained to the accused, who pleaded not guilty and claimed trial. In order to prove the charge, the prosecution examined Head Constable Darshan Lal (PW-1) and A.S.I. Jarnail Singh (PW-2). The prosecution also tendered in evidence affidavit of Moharrir Head Constable Kuljit Singh as Exhibit PD. Affidavit Ex. PE of Constable Darshan Singh was also tendered in evidence. Head Constable Joginder Singh and S.I. Davinder Singh were given up as unnecessary. PW-3 is Shri Hukam Chand, Judicial Magistrate Ist Class, Batala, before whom the case property along with the sample was produced. PW-4 is Inspector Rajbir Singh, who had resealed the case property.