Sham Sunder J. - (1.) This appeal is directed against the judgment of conviction and the order of sentence, dated 4.2.2008, rendered by the Presiding Officer, Special Court, Kurukshetra, vide which, she convicted the accused for the offence, punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be called as the Act only), sentenced him to undergo Rigorous Imprisonment from 17.10.2004 to 18.11.2004 (period already undergone) and to pay a fine of Rs.3,000, and in default of payment of fine, to undergo simple imprisonment for a period of one month, for having been found in possession of 100 grams opium, without any permit of licence, which falls within the ambit of non-commercial quantity.
(2.) On 16.10.2004, ASI Malkiat Singh, along with other police officials was present at T. Point of village Bishangarh, on Hansa road, in connection with patrol duty and detection of crime under the Excise Act. The accused was seen coming from the side of village Durala, on a motorcycle, bearing No. HR-7F-9021 make Bajaj Pulsar of silver colour. On seeing the police party, he turned back and started moving. On the basis of suspicion, that he was carrying some contraband, he was apprehended. On enquiry, he disclosed his identity. On personal search of the accused, 100 grams of opium was recovered from the polythene cover from the right pocket of the trouser worn by him. Two samples of 10 grams each were separated. Separate parcels of the samples, and the residue, were prepared and sealed with seal, bearing letter MS. The same were taken into possession. Ruqa was sent to the police station, on the basis whereof, the FIR was recorded. Rough site plan was prepared. The statement of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.
(3.) On his appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Section 18 of the Act, was framed against him, to which he pleaded not guilty, and claimed judicial trial.;