AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Amarjit Singh who stood trial for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") was convicted thereunder and was sentenced to undergo 15 years of rigorous imprisonment and to pay a fine of Rs. 1,50,000/- and in default to undergo a further period of one and half years of rigorous imprisonment. The case of the prosecution as unfolded by the witnesses examined on its side is as follows:

(2.) The accused has stated responding to the questioning under Section 313 Cr.P.C. that he was falsely implicated in the case. The sample sent to the Chemical Examiner, Amritsar did not contain opium but the police officials manipulated the contraband in order to save their own skin. It is his further submission that no incriminating article was ever recovered from him.

(3.) The trial Court having relied upon the evidence of PW2 SI Jaspal Singh, PW3 ASI Gurdarshan Singh, and PW5-A DSP Narinder Pal Singh in the background of the report obtained from the Central Forensic Science Laboratory, Hyderabad held that the accused was in the conscious possession of opium.