Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction dated 25.5.1995, and the order of sentence dated 26.5.1995, rendered by the Court of Addl. Sessions Judge, Ambala, vide which it convicted the accused/appellant Surjan Singh, for the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of one year.
(2.) THE facts, in brief, are that on 18.2.1993, Suraj Bhan, ASI, was present near Power House, in connection with patrolling and crime checking, alongwith other police officials. He received a secret information that the accused will come with opium and will sell the same at the diary, established by him. The description of the accused was also given. In the meanwhile, the accused was seen coming from the side of Pole crossing (Khamba chowk) having a cloth bag in his right hand. On interrogation, he told his name and parentage. The Assistant Sub Inspector suspected opium in the bag, being Crl. Appeal No. 373 -SB of 1995 2 carried by the accused. Search of the bag was conducted, in accordance with the provisions of law, which was containing 300 grams opium. Two samples of 50 grams each, were separated therefrom. These samples, and the remaining opium, were converted into three parcels and sealed with the seal bearing impressions 'KS', and taken into possession vide memo Ex.PC, duly attested by the witnesses. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Site plan of the place of recovery was prepared. The accused was arrested. After the completion of investigation, the accused was challaned. On his appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Section 18 of the Act, was framed against him, to which he pleaded not guilty and claimed trial.
(3.) THE prosecution, in support of its case, examined Karan Singh, DSP (PW -1), Ranbir Singh, HC (PW -2), Varinder Singh, Constable (PW -3), Balwan Singh, ASI (PW -4), Sat Pal, HC (PW -5), Chaudhary Ram, Inspector (PW -6), Suraj Bhan, SI (PW -7), Kartar Singh, MHC (PW -8), and Karan Singh, District Inspector (PW -9). Thereafter, the Public Prosecutor for the State also tendered into evidence, report of the Forensic Science Laboratory, Ex.PF, and closed the prosecution evidence.;