- (1.) THE present appeal has been directed against the judgment dated 1.2.2003 passed by the Judge Special Court, Ludhiana whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") extracted herein below: - "To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/ -. In default of payment of fine, to further undergo rigorous imprisonment for a period of six months."
(2.) THE facts of the case capitulated from the judgment of the learned trial court read as follows: - On 6.6.1999, SI Ranjodh Singh along with police party had been proceeding towards village Bool from the bus stop of village Saya on the GT road. On the way, Bant Singh son of Inder Singh was joined in the police party. When they reached the drain in the area of village Bool, the accused was noticed coming from the opposite side. SI Ranjodh Singh conducted search of the cotton bag held by the accused in his right hand and found opium wrapped in a glazed paper. Out of the recovered opium, two samples of 10 grams each were separated and residue was found to be 980 grams. Different parcels of the samples and bulk were prepared, sealed with the seal bearing letters 'RS' and the case property including specimen impressions of the seal was taken into possession vide Seizure Memo Ex. PA. Ruqa Ex. PB was sent to the police station on the basis whereof formal FIR Ex. PB/1 was registered. The personal search of the accused led to recovery of Rs. 40/ - taken into possession vide memo of search Ex. PD. On receipt of the report Ex. PG from the Forensic Science Laboratory, Punjab Chandigarh, declaring contents of the sample containing meconic acid and 1.87% of morphine and on completion of investigation, challan was presented in the Court for trial of the accused.
(3.) THE accused was supplied copies of the documents in compliance with provisions of Section 207 of the Code. Finding a prima facie case, charge under Section 18 of the Act was framed against him to which he pleaded not guilty and claimed trial. To bring home guilt of the accused, prosecution examined SI Ranjodh Singh PW1, ASI Darshan Singh PW2, Bant Singh PW3, MHC Joginder Singh PW4 ASI Rajinder Singh PW5 and Constable Jasvir Singh PW6. The accused in his statement recorded under Section 313 of the Code denied incriminating circumstances appearing in evidence against him and raised the plea of innocence and false implication. However, he did not examine any witness in defence.;