K.C. Puri, J. - (1.) CRM No. 2572 of 2014.
(2.) LEARNED counsel for the applicant -appellant has submitted that he does not press the application for suspension of sentence. The application for suspension of sentence stands dismissed as not pressed. Main case Challenge in this appeal is to the judgment and order dated 18.1.2014 passed by Sh. Sarbjit Singh Dhaliwal, Judge, Special Court, Sri. Muktsar Sahib vide which the accused was convicted under Section 18 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of two and a half years and to pay fine of Rs. 20,000/ - and in default of payment of fine to further undergo rigorous imprisonment for two months. The brief facts of the case are that on 21.5.2009 SI Jasvir Singh along with police party was going from Police Station Bariwala to Baja Marar Janguana, Lubanianwali in connection with patrolling duty. When the police party reached at canal bridge, then Shamsher Singh alias Shera son of Gurdev Singh resident of Udekaran met the police party, who was associated in the police party. Then from the side of village Lubanianwali, one silver colour motor cycle bearing No. PB -05 -N -5623 was seen coming which was being driven by one Sikh gentleman. He was given an indication to stop by ASI Jasvir Singh. The motor cyclist after throwing away his motor cycle fled away from the spot. While running, he was identified by Shamsher Singh son of Gurdev Singh witness as Bhola Singh i.e. the accused appellant. He was chased by HC Manjit Singh and Sarwan Singh but the accused managed to escape. Then SHO conducted search of the motor cycle in the presence of witnesses. With the handle of the motor cycle, one plastic bag was hanging which was removed from it and was found containing opium. HC Baldev Singh made arrangement of computer scale. 10 gms opium was taken out as sample and put in a small plastic box and converted into sample parcel. The remaining opium, on weighment, came to be 990 gms which was put in another plastic box and converted into bulk parcel. Both the parcels were sealed by the IO with his seal bearing impression 'JS'. Sample seal chit was prepared. Seal after use was handed over to HC Shamsher Singh. Entire case property was taken into possession. The investigation was conducted and ultimately, challan against the accused was presented in the Court.
(3.) ON presentation of challan, copies of same were supplied to the accused free of costs, as envisaged under Section 207 Cr. P.C.;