NAWAB Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed by Nawab (hereinafter described as the petitioner) directed against the judgment and the order of sentence passed by the learned Judicial Magistrate 1st Class, Zira dated 25-7-1986. The learned trial Court held the petitioner guilty of the offence punishable under Section 9 of the Opium Act and sentenced him to undergo rigorous imprisonment for one year and a fine of Rs. 500/-. In default of payment of fine he was to undergone further rigorous imprisonment for one month. The appeal filed by the petitioner had been dismissed by the learned Additional Sessions Judge, Ferozepur.

(2.) The relevant facts are that on 25-11-1987 ASI Balwant Singh accompanied by ASI Mukhtiar Singh and constable Ram Saroop were proceeding to village Taiban from village Mojgarh. They were patrolling the area. On the way when they reached near the bridge of the canal which fans within the revenue estate of Village Bakarwala, the petitioner was spotted. He was coming along the canal from the eastern side. On seeing the police party, he tried to slip back but was apprehended. He was holding a bag in his right hand. The bag was checked and was found to be containing opium. 10 grams was taken as the representative sample. The remaining opium was weighed and found to be 4 kilograms and 990 grams. The residue bulk of opium and the sample were convened into two different parcels and sealed with the seal of BS. The seal after use was given to ASI Mukhtiar Singh. The articles were sealed and were taken into possession vide a recovery memo. Ruqa was sent to the police station on basis of which formal first information report was recorded by ASI Sunder Singh. Rough site plan was prepared. The petitioner was arrested. An the articles were deposited in the Malkhana and later sent for chemical examination. The report was received that it was opium. This led to the filing of the report under Section 173 Code of Criminal Procedure.

(3.) The charge was framed under Section 9 of the Opium Act to which the petitioner pleaded not guilty and claimed a trial. In support of its case, the prosecution had examined two official witnesses namely Mukhtiar Singh and Balwant Singh. Besides tendering the report of the Chemical Examiner affidavits of MHC Piara Lal and Constable Jarnail Singh were also tendered in evidence.