BALBIR KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence imposed by the learned Additional Sessions Judge, Patiala on the accused-appellant for the offence under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The case of the prosecution is that on receiving a secret information, the Inspector-Shiv Kumar along with other Police Officers and witnesses went to the accused and he was informed that his person was to be searched though the search did not yield any incriminating material. It is the further case of the prosecution that after arrest of the accused, a disclosure statement was made by the accused that he concealed in a house belonging to one Jeon Singh which he has taken on rent, opium in the heap of turi. Ex.P.8 was the statement said to have been recorded under Sec. 27 of the Indian Evidence Act. Thereafter, the Police party went to the house of Jeon Singh and recovered 8 bags containing opium and each bag contained 10 kgs of opium. A sample of 50 grams were taken from each bag and thereafter FIR was registered and after completion of the investigation a charge-sheet was filed and the case was committed to the sessions by the learned Magistrate. The learned Additional Sessions Judge, Patiala, framed a charge against him for the offence under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act.

(3.) In order to prove the guilt of the accused, the prosecution examined 7 witnesses.