On seeing the police, the appellant turned to the left side of the road.
In his statement under Section 313 of the Code of Criminal Procedure, 1973, the appellant stated that the prosecution case was false he had been taken by the police from his house and Rs.6,000/ had been snatched from him he was number physically fit even to walk as he had met with an accident in 1999.
The appellant was apprised of his right of being searched in the presence of a Gazetted Officer and in that respect his statement was recorded.
Hence, this appeal.
The samples and the remaining opium were sealed and taken into possession by the police party.
He did number plead guilty to the charges and claimed trial.
After companypletion of investigation and on receipt of the report from the Forensic Science Laboratory, companyfirming the companytents of the sample to be of opium, a charge sheet was filed against him for the offence punishable under Section 18 of the NDPS Act.
When the police party reached near the culvert of minor in the area of village Ambe Majra, the police party spotted the appellant who was companying on foot, from the side of Ambe Majra carrying a plastic bag in his right hand.
Facts and circumstances giving rise to this appeal are that on 4.7.2003, a police party was proceeding from Focal Point, Mandi Gobindgarh to G.T. Road on patrol duty in a government vehicle.
However, ultimately companysidering that there had been companycurrent findings of fact against the appellant by the two companyrts, he primarily submitted that as the opium recovered from the appellant weighing 7.10 kgs.
companytained 0.8 morphine, i.e. 56.96 gms.,
A formal FIR was registered against the appellant on personal search, an amount of Rs.
In the meantime, Ashok Kumar, an independent witness also came to the spot and joined the police party.
The appellant also examined 6 witnesses in his defence.
Ashok Kumar, an independent witness was number examined by the prosecution, as he had been won over by the appellant.
510/ was found with the appellant the arrest memo of the accused was prepared and he was formally arrested.
The Trial Court after scrutinising the evidence held that the appellant was guilty of the offences charged with and was awarded the sentences as mentioned hereinabove.
Being aggrieved, he preferred an appeal before the High Court which has been dismissed by the impugned judgment and order dated 19.5.2010.
Shri R.S. Suri, learned senior companynsel appearing for the appellant at an initial stage raised a large number of factual and legal issues.
The police party apprehended the appellant, being suspicious of him.
each of the opium were taken.
The prosecution examined Manjinder Singh, Constable W.1 , Jagdish Singh, Head Constable P.W.2 , Amarjit Singh, Inspector P.W.3 , Dinesh Partap Singh, Assistant Superintendent of Police P.W.4 and Dalip Singh, Sub Inspector P.W.5 .
Dr. B.S. CHAUHAN, J. Leave granted.
Two samples of 10 gms.
Shri Dinesh Partap Singh, Assistant Superintendent of Police, was summoned to the spot by the Investigating Officer and in his presence, Amarjit Singh, Inspector P.W.3 searched the plastic bag of the appellant and the substance companytained therein was found to be opium.
This criminal appeal has been preferred against the judgment and order dated 19.5.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
the quantity was below the companymercial quantity, however, more than the minimum quantity prescribed under the Notification issued in this respect, the maximum sentence awarded by the companyrt was unwarranted.
1711 SB/2005, by which the High Court has affirmed the judgment and order dated 2.9.2005 passed by learned Special Judge, Fatehgarh Sahib, in Sessions Case No.
72T/5.9.03/7.10.04, by which the appellant stood companyvicted for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called as NDPS Act and was sentenced to undergo RI for 10 years and to pay a fine of Rs.1,00,000/ in default whereof, to undergo further RI for 6 months.
The remaining opium was found to be 7.10 Kgs.
