Briefly, the case of the prosecution is that the respondent was apprehended at a bus stand on 28th July, 1994 by PW 7 Hukam Singh , Head Constable Munshi Ram and few others who suspected that he was carrying opium because of smell companying from his bag.
PW 8 went to the spot and inquired from the accused about his willingness to be searched by the Police or by a Magistrate.
The remaining opium was put into the third parcel.
Two samples of the opium were separately made in two parcels.
All the three parcels were sealed.
PW 8 companyducted the search of the accused and found opium which was being carried in a bag.
One of the samples was sent to the laboratory at Kandaghat for chemical analysis and the Assistant Chemical Examiner opined vide report Exhibit PF that the sample was that of opium.
On the recovery, opium was weighed and was found to be 360 gms.
The accused showed his willingness to be searched by the police.
Head Constable Munshi Ram telephonically informed PW8 Prem Thakur , Deputy Superintendent of Police SHO, Police Station Sadar Mandi about the apprehension of the accused.
O R D E R K. Sabharwal, J. The respondent was found guilty of offence under Section 18 of The Narcotic Drugs and Psychotropic Substances Act, 1985 for short, the NDPS Act by Sessions Judge and sentenced to undergo rigorous imprisonment for 10 years and fine in the sum of Rs.1,00,000/ and in default of payment of fine to undergo further rigorous imprisonment for two years.
The State is in appeal on grant of leave.
