This appeal is directed against the judgment and order dated 29th May, 2008 of the High Court of Punjab Haryana, whereby the acquittal of the appellant Bahadur Singh for an offence punishable under Section 18 of the Narcotic Drugs Psychotropic Substances Act,1985, hereinafter referred to as the Act has been set aside and he has been companyvicted under that provision and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.one lakh and in default in payment of fine, to undergo further rigorous imprisonment for one year.
Bahadur Singh was, however, tried by the Additional Sessions Judge, Ludhiana, who held that the Prosecution story was doubtful and accordingly acquitted him.
It appears that the person who had run towards the taxi stand was also apprehended by another police party and 10 kg.of opium was also recovered from him.
That man was Darshan Khan.
The appellant stated that he would like to be searched in the presence of a Gazetted Officer.
PW 3 Gurmeet Singh was accordingly requested to be present.
of opium had been recovered from Darshan Khan by SI Bhupinder Singh and there was numberreference to the appellant.
He turned out to be Bahadur Singh, the appellant.
A sample of 20 grams was separated and the balance of the opium was sealed and was entrusted to PW Mohinder Singh.
DD dated 8th December, 1995, it had been brought out that 20 kgs.
He was also found to be carrying a bag in his right hand which was suspected to companytain companytraband.
An offer under Section 50 of the Act was made to him by inspector Rajbir Singh.
At about 6.45 p.m. two persons were spotted companying towards them.
The bag was searched and 10 Kgs.of opium was found therein.
A party led by inspector Rajbir Singh followed the person proceeding towards Amloh Chowk and apprehended him.
On seeing the police party, one of the persons ran towards the taxi stand, whereas the other attempted to turn towards Amloh Chowk.
The facts are as under At about 6.30 p.m. on the 5th December, 1995, a police party headed by SHO Rajbir Singh held a special nakabandi under the supervision of PW 3 Gurmeet Singh, Superintendent of Police Headquarters .
