Judgment :-

Surinder Singh Nijjar, J.

1. 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. 590 - SB of 1999, whereby the High Court upheld the order of conviction 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. 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.

2. 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 coming from village Hassanpur to village Mirsapur. After reaching near the bridge of canal minor while going on kacha path, the police party noticed the appellant coming from the bank of canal. On seeing the police party, the appellant tried to run away but on suspicion he was apprehended. On enquiry, he informed the police about his name, parentage, address etc. At that time, he was carrying a bag (thaili) in his right hand. PW4 suspected that that the appellant was carrying some incriminating articles in his bag. The search was conducted and the police party recovered 1 Kg and 750 gram opium from his custody.

3. Ten grams of opium was put into a tin container as a sample. It was duly sealed. The entire case property was taken into possession vide memo Ex. PD attested by SI Gurdeep Singh and ASI Satpal Singh. The seal after use was handed over to ASI Satpal Singh (PW5). The appellant could not produce any valid license or permit for possession of the said opium. On personal search, currency notes amounting to Rs. 25 /- was also recovered from the accused and the same was taken into possession vide memo Ex. P1, signed by the appellant. Ruqa Ex. PF was sent to the police station and subsequently the FIR was registered. Inspector, Ram Pal (PW4) recorded the statements of the witnesses and arrested the appellant.

4. 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. 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. PD/1. Thereafter, PW3 at 7.30 PM deposited the sealed case property with MHC Shudh Singh.

The investigation was duly completed and challan against the appellant was prepared by S.I. Bagh Singh. 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).

5. The Addl. Sessions Judge vide its final order and judgment dated 19th May, 1999 convicted and sentenced the appellant under section 18 of the NDPS Act, as noticed above. 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. Hence the appeal before this Court.

6. We have heard the counsel for both parties. Mr. Ujjal Singh, counsel for the appellant submits as follows:

i. 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 appellant has been falsely implicated.

ii. The courts below have not considered the appellant's version as recorded under Section 313 Cr.P.C. The appellant was apprehended from his village on 10th September, 1994 by the police party. Another police party dug up his house and courtyard looking for illicit arms. But nothing incriminating was found. The Ex-Sarpanch, Narang Singh asked