MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present revision is to an order of conviction and sentence recorded by learned Sub-Divisional Judicial Magistrate, Bamala, dated November 29, 1985, vide which petitioners herein were held guilty of an offence under Section 9(a) of the Opium Act and sentenced to undergo RI for ten months and to pay fine of Rs. 750/- or in default thereof, to further undergo RI for two months. The order of conviction and sentence has since been confirmed by learned Additional Sessions Judge, Bamala, in an appeal that came to be decided on August 14,1987.

(2.) Briefly put, the prosecution case has been that on March 3, 1982 Ranjit Singh, ASI along with other police officials was present in connection with investigation of case FIR No. 19 of 1982 under Sections 457/380 of the Indian Penal Code pertaining to Police Station Bhadaur near grain market in Village Tulewal. One tractor Hindustan 35 HP along with Trolley was seen coming from the side of Tulewal which was being driven by one person and two others were sitting by his side. On seeing the police party, the driver of tractor tried to speed up the tractor to give a slip to the police party. The police party, however, followed the tractor and stopped it. Malkiat Singh - petitioner was found driving the tractor and other petitioners were found sitting on his sides. In the meanwhile, one person, namely, Malkiat Singh (Hamek Singh?), was seen coming form the side of Village Tulewal on cycle and he was also associated with the police party. The search of tractor - trolley conducted by ASI Ranjit Singh led to recovery of 50 bags of poppy - husk. Each bag was found containing 40 kgs; of poppy - husk. 250 grams of poppy - husk was separated from each bag as sample which were made into separate parcels. Remaining contents of 50 bags were separately parcelled and taken into possession. Inasmuch as the petitioners did not show any permit for keeping the poppy- husk in their possession, formal FIR ex. PD/i was recorded by Gurdit Singh HC. The Investigating Officer also prepared site plan, Ex. PE of the place of recovery. After receipt of report of Chemical Examiner, petitioners were tried under Section 9 of the Opium Act, with the result, indicated above.

(3.) In its endeavour to bring home the offence against the petitioners, prosecution examined Harbans Singh Head Constable as PW1, Gurdit Singh, HC as PW2 Sukhdev Singh, PW3 and Ranjit Singh, ASI, PW4 and tendered into evidence reports of Chemical Examiner, Exs. PF and PF/1 as also affidavits Exs. PG and PH. Hamek Singh independent witness was given up on the ground that he had since been won over by the petitioners.