KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Kashmir Singh (hereinafter described as 'the appellant') directed against the judgement and the order of sentence passed by the learned Additional Sessions Judge, Ferozepur dated 9.5.1995. By virtue of the impugned judgement, the learned trial Court held the appellant guilty of the offence punishable under Section 13 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter described as 'the Act'). The appellant was sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. One Lac. In default of payment of fine, he was to undergo further rigorous imprisonment for 3 months.

(2.) Sum and substance of the prosecution case is that on 14.3.1992 A.S.I. Chint Ram was accompanied by certain other members of the police. They were going from village Saiduke to Hasta Kalan for patrolling. In the area of village Hasta Kalan, the appellant was seen coming from the opposite direction. On seeing the police party, the appellant tried to slip. On suspicion he was apprehended.

(3.) The appellant was informed that if he so desires his person can be searched in presence of a Gazetted Officer or a Magistrate. The appellant declined the offer. His consent memo was prepared which was thumb marked by him. On the search of the appellant 400 grams of opium wrapped in a glazed paper was recovered from the folder of the Chadar worn by him. 10 grams was taken as the sample.