DHARAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 04.09.2001, rendered by the Additional Sessions Judge (Judge of Special Court), Muktsar, vide which he convicted the accused (now appellant), for the offence, punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine to undergo further rigorous imprisonment, for a period of six months, for having been found in possession of 1 Kg of opium, without any permit or licence, now falling within the ambit of non-commercial quantity.

(2.) The facts, in brief, are that on 16.05.1999 a police party, consisting of Sarabjit Singh, Sub-Inspector, (PW-1), Basant Singh, Assistant Sub Inspector, (PW-2), and some other police officials, was going on a police gypsy, from Malout towards village Ghumiara, in connection with patrol duty and Jagraj Singh, independent witness was joined on the way. When the police party reached near village Ghumiara, it saw the accused, coming from the side of the village, holding a polythene bag, in his right hand. On suspicion, being raised, he was apprehended. He was told that his personal search was to be conducted as he was suspected to be carrying some contraband. He was given an option that he could be searched in the presence of a Gazetted Officer or a Magistrate. He gave the option that his personal search be conducted in the presence of a Gazetted Officer or a Magistrate. A consent memo Ex.PA was prepared in this regard. An effort was made to contact the Magistrate on a wireless message, but he was not available. Thereafter, a wireless message was sent to the DSP Malout, as a result whereof, he reached the spot. The personal search of the accused was conducted, in his presence, which yielded the recovery of one Kg. of opium. A sample of 10 grams was separated and the remaining opium was put in a separate parcel. The sample parcel and the parcel of the remaining opium were duly sealed, and taken into possession, vide a separate recovery, memo Ex.PB. Rough site plan of the place of recovery was prepared, at the spot. Personal search memo Ex.PC of the accused was also prepared. Ruqa Ex.PD was sent to the Police Station, on the basis whereof, the FIR was recorded. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) On his appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Section 18 of the Act, was framed against the accused, to which he pleaded not guilty and claimed Judicial trial.