S.S.GREWAL,J - (1.) BACHAN Lal appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000.00. In default of payment of fine he was ordered to undergo further rigorous imprisonment for four years, vide, order of Additional Sessions Judge, Faridkot, dated 9.10.1986.
(2.) BACHAN Lal appellant was also tried under Section 25 of the Arms Act for recovery of one country made .303 bore pistol and two live cartridges of the same bore and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. The period already undergone in custody during the investigation and trial in both the cases were ordered to be set off. The sentence of imprisonment passed in this case was ordered to run concurrently with the sentence of imprisonment passed for the recovery of contraband opium against the petitioner. Aggrieved against the orders of conviction and sentence in both the cases Bachan Lal appellant filed two jail appeals i.e. Crl.A. No. 74 and 75-SB of 1987. Since common questions of law and fact are involved, both the appeals shall be disposed of by one order. In brief facts of the prosecution case are that on 19th of November, 1985, police party headed by ASI Avtar Singh intercepted the appellant in the area of village Hari Nau. From the search of the Jhola carried by the appellant in his right hand 5 Kgs. of opium wrapped in a glazed paper was recovered. After taking sample both the samples and the remaining bulk of contraband opium was separately sealed and taken possession through seizure memo. On personal search of the appellant one .303 bore country made pistol was recovered from the dub of the pant worn by the appellant whereas two live cartridges were recovered from the pocket of the shirt worn by the appellant. The country made pistol and the live cartridges were taken into possession vide seizure memo. After completion of the investigation, the appellant was challenged in both the aforesaid cases, tried, convicted and sentenced as detailed above.
(3.) THE learned counsel for the parties were heard.;