JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Additional Sessions Judge, Ludhiana dated 4.10.1986, by virtue of which the appellant Jit Singh was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 100,000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for two years.

(2.) THE police party comprised of SI Ram Rattan (P.W.2), H.C. Bhupinder Singh (P.W.1) and constables Harbans Singh and Gurdial Singh, was present near the railway crossing at Khanna, at about 12.30 P.M. on 19.11.1985, when they noticed that the appellant Jit Singh was running back from the scene. The police party over-powered him and got recovered 2 kgs. 500 grams of opium wrapped in a wax paper from a bag Ex.P-2 in his hands. 10 grams of the contents of the material was taken as sample and the remaining was sealed into a parcel by the Investigating Officer with his own seal. Recovery memo Ex.PA was prepared. Ruqa Ex.P.C. was sent to the police station and on its basis formal F.I.R. Ex.PC/1 was recorded. The material captured as such was found to be opium vide report of the Chemical Examiner Ex.PE.

(3.) IN view of the above discussion, the appeal is allowed and the conviction and sentence recorded by the trial Judge against the appellant are set aside. Appeal allowed.