one lac and in default of payment of the same, to undergo rigorous imprisonment for another two years, for having been found in possession of 1 kg and 750 grams of opium without any permit or licence.
Ten grams of opium was put into a tin companytainer as a sample.
The prosecution story is that on 23rd September, 1994 at around 2.30 PM, Inspector Ram Pal Singh PW4 along with SI Gurdeep Singh, ASI Satpal Singh PW5 and other officials were on duty and companying from village Hassanpur to village Mirsapur.
We have heard the companynsel for both parties.
Hence the appeal before this Court.
590 SB of 1999, whereby the High Court upheld the order of companyviction passed against the appellant herein under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as NDPS Act , and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.
After reaching near the bridge of canal minor while going on kacha path, the police party numbericed the appellant companying from the bank of canal.
P.C. The appellant was apprehended from his village on 10th September, 1994 by the police party.
PW4 enquired about the alleged incident from other witnesses and checked the case property and also affixed his own seal bearing impression RP on the case property and on samples of seal Ex.
P1, signed by the appellant.
It was duly sealed.
On seeing the police party, the appellant tried to run away but on suspicion he was apprehended.
Thereafter, PW3 at 7.30 PM deposited the sealed case property with MHC Shudh Singh.
The Courts below have also disregarded the deposition of DW 1, Sarpanch Narang Singh for numbervalid grounds.
But numberhing incriminating was found.
Inspector, Ram Pal PW4 then produced the appellant along with the case property and witnesses before Satpal Singh PW5 on the same day of the alleged crime.
The investigation was duly companypleted and challan against the appellant was prepared by S.I. Bagh Singh.
On personal search, currency numberes amounting to Rs.
The appellant companyld number produce any valid license or permit for possession of the said opium.
Inspector, Ram Pal PW4 recorded the statements of the witnesses and arrested the appellant.
Thereafter, the police took the appellant to CIA staff.
PW4 suspected that that the appellant was carrying some incriminating articles in his bag.
25 was also recovered from the accused and the same was taken into possession vide memo Ex.
The prosecution in support of its case, examined Sudh Singh Head Constable PW1 , Chet Ram PW2 , Rachpal Singh Inspector PW3 , Ram Pal Singh PW4 and Satpal Singh PW5 .
Then he was falsely implicated in this case.
PD attested by SI Gurdeep Singh and ASI Satpal Singh.
The police told him that they were searching for opium and illicit arms, and that he had relations with terrorists.
Ruqa Ex.
The search was companyducted and the police party recovered 1 Kg and 750 gram opium from his custody.
The seal after use was handed over to ASI Satpal Singh PW5 .
At that time, he was carrying a bag thaili in his right hand.
Sessions Judge vide its final order and judgment dated 19th May, 1999 companyvicted and sentenced the appellant under section 18 of the NDPS Act, as numbericed above.
He was tortured by using third degree methods.
On enquiry, he informed the police about his name, parentage, address etc.
The entire case property was taken into possession vide memo Ex.
The appellant has been falsely implicated.
Another police party dug up his house and companyrtyard looking for illicit arms.
PF was sent to the police station and subsequently the FIR was registered.
The High Court, in an appeal, vide judgment dated 12th May, 2008 affirmed the findings of the Sessions Court and dismissed the appeal filed by the appellant.
Mr. Ujjal Singh, companynsel for the appellant submits as follows The whole incident happened in a densely populated area and there were so many independent witnesses but only the police have been made the prosecution witnesses.
The Addl.
SURINDER SINGH NIJJAR, J. This appeal is directed against the final Order of the High Court of Punjab and Haryana at Chandigarh dated 12th May, 2008 passed in Criminal Appeal No.
The companyrts below have number companysidered the appellants version as recorded under Section 313 Cr.
The Ex Sarpanch, Narang Singh asked them the reason for the digging.
