PARKASH SINGH Vs. STATE

JUDGEMENT

(1.) By way of this Revision Petition Parkash Singh has challeneed his conviction under section 9(1)(a) of the Opium Act and sentence of rigous imprisonment for three months with a fine of Rs. 500.00 or in default to further undergo rigorous imprisonment for one month. He was convicted on 21st February, 1979 and the order of sentence was passed on 5th March, 1979 by a Metropolitan Magistrate. His appeal was also dismissed by an Addl. Sessions Judge Delhi on 9th April, 1979.

(2.) Briefly stated the facts leading to the filing of this revision petition are that on 16th November, 1977, S.I. Rajpal Singh, who was accompanied by police officials Dewan Singh, Bhopal Singh and Devider Nath, while on patrol duty, organised a raiding party and from the military colour 'Jhola', which the petitioner was carrying, 450 gms of opium besides 9.100 kg. of Charas was recovered. 50 gms was separated as sample and thereafter the sample and the remaining opium were converted into separate parcels, and sealed with the seal of LSY.These were taken into possession .after preparing seizure memo and on the basis of the Ruqa sent by S.I. Rajpal Singh, FIR 1071 of 1977 was recorded at police station Punjabi Bagh. The sample on analysis at CFSL R.K. Puram, was found to be of opium and the petitioner was thus challaned for being found in possession of opium.

(3.) The plea taken by the petitioner during the trial was of complete denial. Believing the prosecution story the petitioner was convicted and awarded sentence as referred to above. The order of conviction and sentence were affirmed on appeal by the appellate court.