NIRMAL SINGH, J. - (1.)This appeal is directed against the judgment dated 30-1- 2002 and order of sentence dated 1-2-2002 passed by the learned sessions Judge, Jammu.
(2.)The appellant was prosecuted on the allegation that on 12-6-1997 at about 4 a.m. he was apprehended by a joint party of the Narcotics Control Board New Delhi and BSF near Nallah at milestone 33 in the area of Samba. The search of the accused was conducted after giving a notice to him under Section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter called the Act) From his search two packets of brown sugar (heroin) were recovered, each packet was containing 1 kg.heroin.
(3.)To prove the case, the prosecution has examined the witnesses namely, Akhleshwar Singh, Deputy Commandant, BSF, Rattan Chand, Intelligence Inspector, Preetam Singh HC, Jaspal Singh Havaldar, Kamal Kant, Intelligence Officer, Kuldeep Raj, Joginder Kumar, Mukesh Khullar Collector and Dr. Y. K. Singh Rathore Chemical Examiner CRCL.