AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition is directed against the judgment and order of sentence passed by the Sub Divisional Judicial Magistrate, Moga, dated 18.12.1995 and of the Additional Sessions Judge, Faridkot, dated 22.7.1987. The learned trial Court had held the petitioner guilty of the offence punishable under Section 9(a) of the Opium Act (for short "the Act") and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 300/- each and in default of payment of fine to suffer further rigorous imprisonment for two months.

(2.) THE relevant facts are that on 2.9.1982 Inspector Darshan Singh was present at the police station, Nihalsinghwala. A secret information was received that Gurmail Chand @ Melu s/o Dhari Ram; Harbans Lal s/o Bhupinder Kumar resident of Himmatpura and Amar Singh son of Nazar Singh resident of the same village had formed a group. They were indulging in smuggling of poppy husk at large scale at the premises of Mai Shanti widow of Prem Singh r/o Himmatpura. The secret information was that if a raid is conducted, poppy husk could be recovered in large quantity. On this information, Darshan Singh, Inspector along with Gurmit Singh, Assistant Sub Inspector, Gurdev Singh Sub Inspector, Gurcharan Singh, Assistant Sub Inspector, besides other members of the police staff formed a raiding party. Inspector Darshan Singh was heading the said party. They reached near village Machhike. One person came on A Royal- Enfield motor cycle. Another person was sitting on the pillion with a gunny bag in his hand. That matter was taken over by Sub Inspector Gurdev Singh. Inspector Darshan Singh along with other persons went to the tube-well of Mai Shanti. Amar Singh met the police party. Amar Singh had made a disclosure statement that he could get recovered of bags of poppy husk at the tube-well of Mai Shanti. In pursuance of the disclosure statement, he led the police party and got recovered 17 bags of poppy husk each weighing 45 kg. 250 grams from each of the bag was taken as a sample. The samples and the remaining bags were converted into separate sealed parcels which were taken into possession vide recovery memo. Harbans Lal managed to escape. In the meantime, from the motor cycle also poppy husk weighing 20 kg was recovered and in the same manner sample and the rest of the poppy husk were converted into separate sealed parcels and taken into possession vide recovery memo.

(3.) THE learned trial Court on the appreciation of evidence came to the conclusion that it has been established beyond reasonable doubt that poppy husk was recovered from the petitioners and accordingly the abovesaid impugned judgment and order were passed. The appeal preferred by the petitioners was also dismissed.