LACHHMAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 25.10.2005 passed by the Court of learned Judge, Special Court, Muktsar whereby he convicted and sentenced Lachhman Dass accused to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act') or in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) THE facts in brief are that on 27.10.1997, Sub Inspector Ranjodh Singh amongst other police officials was going in official Gypsy No. PB-08-2218 from the side of Village Gurusar to Village Sham Khera via katcha path. When the police party neared the canal minor bridge, the accused was spotted approaching from the side of Village Sham Khera carrying a gunny bag on his head. On catching sight of the police party, he turned towards the fields on his left hand side. On suspicion, he was intercepted. Sub Inspector told the accused that the gunny bag was suspected to contain some contraband. He asked him to tell as to whether he wants to have search before a Gazetted Officer or a Magistrate. The accused opted to have the same in the presence of a Gazetted Officer. On receipt of wireless message, DSP Sajjan Singh came at the spot. On his directions, Sub Inspector carried out search of the gunny bag, which revealed opium duly wrapped in a glazed paper. 100 grams opium was separated to serve as sample and converted into a parcel. The remainder when weighed came to 11 Kgs. 900 grams, which was also turned into a parcel. The specimen seal impression was prepared. The seal after use was handed over to HC Malkiat Singh. The DSP Sajjan Singh also affixed his seal bearing impressions 'SSC' on the parcels. These parcels were seized vide recovery memo. The accused was arrested. On return to the Police Station, the case property was deposited with MHC Major Singh with seals intact. After completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) IN his defence, he examined DW1 Talwinder Singh, Panchayat Secretary, DW2 Gurdev Singh and DW3 Gurbaj Singh and closed his defence.