LAKHI RAM Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This revision has been directed against order of conviction and sentence recorded by the Sub Divisional Judicial Magistrate, Gohana, dated July 17, 1987, whereby Lakhi Ram-petitioner herein was held guilty for an offence punishable under Sec. 16(l)(a) of the Punjab Excise Act, 1961 and sentenced to undergo RI for a period of one year and to pay fine of Rs. 1000.00 or in default thereof to further undergo RI for two months. The appeal, that came to be filed against the order of conviction and sentence, as referred to above, was dismissed by learned Additional Sessions Judge, Sonepat, vide order dated June 1, 1988.

(2.) Briefly stated, the prosecution case had been that on Jan. 21, 1984 Jagat Singh, ASI along with other police officials was present near Power House, Gohana in connection with checking of crime. Petitioner was seen coming from Gohana side, who, on seeing the police party, moved back. However, on suspicion, he was apprehended and on search, he was found carrying 400 gms of charas in a glazed paper. Five grams of Charas was taken out as sample as well as remaining bulk was sealed in separate parcels. After completion of investigation, as referred to above, petitioner was tried for an offence under Sec. 16(l) (a) of the Punjab Excise Act, 1961.

(3.) In order to substantiate its case, prosecution examined Jagdish Chand HC, PW 1, Mata Din Constable, PW2, Gurbachan Singh ASI, PW3, Jagat Singh, SI, PW4 and Chand Ram Inspector, PW5.