A.N.JINDAL, J. - (1.) THIS appeal has arisen out of the judgment dated 14.05.2003 passed by the Judge, Special Court, Bathinda, convicting the accused and slapping him with the sentence of 10 years and a Rs.1 lac under section 18 of the Narcotic Drugs and fine of Psychotropic Substances Act, 1985 (herein referred as the Act).
(2.) ON 14.07.2001 Inspector Arashdeep Singh along with ASI Jugraj Singh and other police officials including lady Constables Jaswinder Kaur and Sukhjit Kaur while travelling in Government Canter, was going for patrolling towards village Nehianwala Lakhisar. When they reached near the go-down situated in the revenue estate of village Nehianwala they associated Atma Singh and when they were going towards Mehma Sarja via Kacha path and reached near the bridge of canal minor in the area of village Mehma Sarja, accused along with his wife Sukhpreet Kaur was seen coming on his scooter bearing registration No.PB-10-AC-2436. ON suspicion they were apprehended and after seeking their option of search by a Gazetted Officer or a Magistrate vide consent Memos Exs.PA and PB, respectively. DSP Bhupinder Singh was called who reached the spot and disclosed his identity to the accused, and after seeking their consent to be searched before him vide consent memos Ex.PC and Ex.PD, SI Arashdeep Singh, as directed by DSP Bhupinder Singh effected personal search of the accused Surjit Singh. ON personal search of accused Surjit Singh opium wrapped in a glazed paper tied along with Parna around his waist was detected, out of which 50 grams of opium was separated as sample and on weighment of the remaining opium it came out to be 2 kilograms and 950 grams. The bulk opium as well as sample were parcelled and sealed with the seal bearing impression 'AS' and taken into possession vide memo Ex.PE. ON further personal search of accused Surjit Singh, a sum of Rs. 800/- were recovered which were taken into possession vide memo Ex.PF. ON personal search of Sukhjeet Kaur by lady constable, a sum of Rs. 200/- were recovered which were taken into possession vide recovery memo, Ex.PG. Ruqua Ex.PH was sent to the police station on the basis of which FIR Ex.PH/1 was registered at Police Station Nehianwala. Special Report Ex.PL was sent to the Higher Authorities. During investigation the Investigating Officer found Sukhjeet Kaur to be innocent, therefore, she was got discharged from the Magistrate under section 169 Cr.PC.
(3.) ON receipt of the report of Chemical Examiner, accused Surjit Singh was challaned.;