1 lakh, in default, to further undergo RI for a period of two years.
Before reaching the Police Station, S.I. Dalbir Singh submitted a report to the DSP Ram Gobind PW 5 under Section 57 of the Act.
72 SB of 1994 whereby the High Court dismissed the appeal preferred by the appellant herein and companyfirmed the order dated 05.02.1994 passed by the Court of Additional Sessions Judge, Sirsa in Sessions Case No.
Aggrieved by the companyviction and sentence awarded by the Addl.
11 of 1993 companyvicting him under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the Act and sentenced him to undergo rigorous imprisonment RI for a period of 10 years and to pay a fine of Rs.
A report dated 20.04.1992 was received from FSL, Madhuban to the effect that the sample was that of opium.
On search being companyducted by DSP Ram Gobind PW 5 , 3 kgs of opium was found in the tin and out of the same, 200 gms.
1 lakh, in default of payment of fine, shall further undergo RI for a period of two years.
The accused appellant came there and on seeing the police party, he sneaked into the field of Narma crop.
The case property was deposited and duly sealed.
was separated from the same as sample and the residue companytraband were sealed.
Brief facts According to the prosecution, on 23.08.1991 at about 1.30 p.m., I SHO Dalbir Singh PW 6 , who was then posted at P.S. Ellenabad was present at Chowki of Mamera Khurd along with Head Constable Jagdish Rai PW 1 and Constables Pratap Singh and Jang Singh and one Rameshwar PW 3 .
Heard Mr. Shubhashis R. Soren, learned companynsel for the appellant and Mr. Kamal Mohan Gupta, learned companynsel for the respondent State.
On 28.08.1991, the sample was handed over by Dilbag Singh to companystable Khazan Singh PW 2 for being taken to FSL, Madhuban and PW 2 delivered the said sample duly intact on 30.08.1991 at the FSL.
By impugned judgment dated 04.07.2007, the High Court companyfirmed the companyviction and sentence as recorded by the trial Court and dismissed the appeal.
Sessions Judge, the appellant preferred Criminal Appeal No.
It is relevant to numbere that the weight at FSL was inclusive of the companytainer and number of the companytraband alone drawn as a sample.
He was apprehended on suspicion by Dalbir Singh PW 6 .
PB for companyducting the search of the tin carried by him in terms of the provisions of Section 50 of the Act.
Hence the present appeal by way of special leave.
An FIR dated 23.08.1991 came to be registered at Police Station Ellenabad by Dilbag Singh PW 4 at 3.40 p.m. under Section 18 of the Act.
At that time, the appellant was carrying a tin in his hand and on suspecting that he was carrying narcotic substance, Dalbir Singh PW 6 sent a V.T. Message to DSP Ram Gobind PW 5 who reached the scene at about 2 p.m. Dalbir Singh PW 6 presented the appellant before DSP Ram Gobind PW 5 along with Exh.
Nothing has been explained or denied by the appellant in his Section 313 statement number examined anyone as a defence witness.
Sessions Judge, Sirsa, by judgment and order dated 05.02.1994 in Sessions Case No.
72 SB of 1994 before the High Court of Punjab and Haryana at Chandigarh.
11 of 1993 companyvicted the appellant and sentenced him to RI for 10 years and imposed a fine of Rs.
On companypletion of the evidence and hearing, learned Addl.
Sathasivam,J. This appeal has been filed against the final judgment and order dated 04.07.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
