RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed by petitioners Raj Kumar and Bhagwan Dass directed against the judgment and the order of sentence passed by the learned Judicial Magistrate Ist Class, Rohtak dated 23.5.1987 and of the learned Sessions Judge, Rohtak dated 19.5.1988. The learned Judicial Magistrate held the petitioners guilty of the offence punishable under Section 61(1)(a) of the Punjab Excise Act and sentenced each one of them to rigorous imprisonment for three years and to pay a fine of Rs. 2000/-. In default of payment of fine, they were to undergo rigorous imprisonment for six months. The appeal preferred as mentioned above was dismissed.

(2.) THE relevant facts are that according to the prosecution case on the intervening night between 22/23.9.1982 a police party comprising of nine police personnels was patrolling on Rohtak-Bhiwani road. It included Sub- Inspector Ram Kumar of Police Station Kalanaur, Head Constable Raj Kumar and ASI Basant Singh. At about 3.30 A.M. they were present on the road called Kherari turning. One Ambassador car came from the side of Bhiwani. Petitioner Raj Kumar was driving the vehicle. On one side a bag was lying containing 37 packets of charas weighing 34-1/2 Kilograms. Petitioner Bhagwan Dass was sitting on the back side along with Datt Bahadur. 41 packets of charas were lying on the back side at the feet of Bhagwan Dass and Datt Bahadur weighing 38-1/2 kilograms. A sample of 10 grams was separated from each of the 78 packets. They were sealed separately and rest of the Charas was also converted into different packets and sealed. Ruqa was sent to the police station for registration of the formal first information report. One Kishan Lal Goswami a resident of nearby village Sampel was joined in the raiding party.

(3.) ON appraisal of evidence, the learned Judicial Magistrate as mentioned above believed the testimonies of the official witnesses and concluded that petitioners were found to be in illegal possession of charas without any permit or licence. With these findings, the above said judgment and the order of sentence was passed. The said findings were endorsed by the learned Sessions Judge.