K.S.AHLUWALIA, J. - (1.) BALDEV Singh appellant has been convicted by the learned Judge, Special Court, Kapurthala under Section 18 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter to be referred as 'the Act') and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/-, in default of payment of which to further undergo RI for one year.
(2.) THE accused-appellant was prosecuted in case FIR No. 176 dated 21-9-1999 registered by the police of police station Kotwali-Kapurthala. It is stated in the FIR that on 21.9.1999 Inspector Gurmukh Singh along with his companion police officials was present at metalled road, Mundi Mour in connection with special nakabandi. At about 4-30 AM he spotted a man coming on a scooter. He was directed to stop and was apprehended. He disclosed his name as Baldev Singh son of Kundal Singh. An offer for search was given to him in consonance with Section 50 of the Act. From the gloves box of his scooter, 5 Kgs of opium was recovered, out of which 100 grams was taken as sample.
(3.) AFTER completion of investigation, report under Section 173 Cr.P.C. was submitted. The learned Judge, Special Court charged the appellant under Section 18 of the Act, to which he pleaded not-guilty and claimed trial.;