Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 25.8.1995, rendered by the Court of Addl. Sessions Judge, Amritsar, vide which it convicted the accused (now appellant), for the offence, punishable under Section 18 of the Narcotic Drugs and 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 three years, for having been found in possession of 250 grams opium (now falling within the ambit of non -commercial quantity), without any permit or licence.
(2.) THE facts, in brief, are that on 16.10.1993, Savinder Singh, ASI, alongwith other police officials, was present, in official vehicle No. PAG -1142, on the link road, leading to village Kaunka, in connection with patrol duty. The accused was seen coming from the side of village Kanuka, on foot. On suspicion, he was apprehended. Jagir Singh, Sarpanch of village Kanuka, met the police party, and he was joined. The search of the person of the accused, was conducted, in accordance with the provisions of law, as a result whereof, 250 grams opium, wrapped in a glazed paper, was recovered from right fold of the pant, worn by the accused. A sample of 10 grams was separated therefrom, and put into a separate container. The remaining opium was also put into a separate container. The sample, and the container, containing the remaining opium, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The statements of the witnesses were recorded. After the completion of investigation, the accused was challenged. On appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. 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 Savinder Singh, ASI (PW -1), and Maninderjit Singh, HC (PW -2). The Addl. Public Prosecutor for the State, tendered into evidence the affidavits of Kulwinder Kumar, MHC, Ex.PE, and of Karam Singh, Constable, Ex.PG. He gave up Jagir Singh, Independent witness, as won over by the accused. Thereafter, he closed the prosecution evidence.;