Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction dated 3.1.1995, and the order of sentence of the even date, rendered by the Court of Addl. Sessions Judge, Amritsar, vide which it convicted the accused/appellant Dalbir 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 26.8.1988, Sat Pal, SI, alongwith other police officials, apprehended the accused, near the culvert of a by -pass drain. On suspicion, his search was conducted, as a result whereof, 200 grams opium, wrapped in a glazed paper, was recovered, from the right pocket of the pant worn by the accused. 10 grams, was taken out as sample. The remaining opium was put in a container. The sample and the container of the remaining opium, were converted into parcels, duly sealed with the seal, bearing impression 'SS', and thereafter, the same was taken into possession. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, the formal FIR was registered. Rough site plan of the place of recovery, was prepared. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned. 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 Kulwant Singh, ASI (PW -1), a witness to the recovery, Sat Pal, SI, (PW -2), the Investigating Officer. The Addl. P.P. for the State, tendered into evidence report of the Chemical Examiner, Ex.PD, affidavits of Balkar Singh and Hans Raj Singh, Ex.PE and Ex.PF, respectively, and, thereafter, closed the same.;