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1987 Supreme(P&H) 241

I.S.TIWANA
Karam Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. Illogical, as it may look, the appellant who has been held guilty u/s. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) for having been found in possession of 50 gms. of opium on 17th December, 1985, has been awarded a sentence of 10 years rigorous imprisonment and a fine of Rs. 1,00,000.00 , But that, as has been observed by the trial Court, is the dictate of law, the validity of which is not under challenge before me. The facts found to have been established against him are as follows.

2. On 17th December, 1985, when a police party consisting of Head Constable Sumel Singh PW 3, Constable Tarsem Lal PW 1 and two more Constables was returning from patrol duty, and was within the revenue limits of Village Jhandi at about 5.30 p.m., it saw the appellant coming from the side of that village. A quick turning back by the appellant on seeing the party, aroused its suspicion, and Head Constable Sumel Singh apprehended him for purposes of interrogation and search. As a result of that, the police party recovered 50 gms. of opium, wrapped in a glazed paper, from the right side pocket of his pants. Out of this bulk, a sample of 5 gms. was taken. T























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