PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Pappu faced trial before the Additional Sessions Judge, Ferozepur under Section IS of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and was accordingly convicted and sentenced to undergo rigorous imprisonment for 10 years, to pay a fine of Rs. 1 lakh and in default, to further under­go R.I. for 2 years. Aggrieved, he has preferred this appeal.

(2.) THE case of the prosecution is as follows:- On 24-11-1985, while ASI Moti Ram alongwith Head Constable Tilak Raj (P W-1) and constable Baljit Singh was on patrol duty and was near the bye-pass, appellant accused Pappu on seeing the police party, descended into the depression on his right side. He was apprehended, searched and was found to be carrying 4 kilograms of opium in a bag. After separating the sample and sealing it, the sample, the remainder and the bag were taken into possession and intimation was sent to the police. On receipt of the report of the Chemical Examiner, the charge-sheet was presented into the Court of Judicial Magistrate 1st Class, Fazilka who com­mitted the case to the Court of Sessions, where a charge under Section 18 of the NDPS Act was framed against the accused-appellant.

(3.) THE learned Additional Sessions Judge, after taking into consideration the materials placed before him, held that the case of the prosecution cannot be suspected on the ground that no inde­pendent witness had been associated and that the prosecution had proved its case against the accused beyond any reasonable doubt. He accordingly convicted and sen­tenced the accused as mentioned above.