MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against order of conviction and sentence recorded by the Chief Judicial Magistrate, Patiala, dated January 24, 1987 vide which petitioner was held guilty under Section 9 of the Opium Act and sentenced to undergo RI for two years and to pay fine of Rs. 500/- or in default of payment of fine to further undergo RI for three months. The appeal preferred by petitioner before the Additional Sessions Judge, Patiala, failed vide order dated September 25, 1987.

(2.) BRIEFLY put, the prosecution case has been that the police party headed by SI Karam Singh was present in connection with patrol duty on the bridge of Bhakhra Canal falling in the area of village Ranhera, on March 5, 1984 at 12.15 PM. Petitioner came on foot from village Ranhera and he was carrying a Pipa Tin over his head. On seeing the policy party, he went towards his left side in the fields. On suspicion, he was apprehended and opium weighing 4.50 kgs., wrapped in a glazed paper, was recovered from the pipa tin which he was carrying. 10 Grams of opium was separated as sample and put in a small box and the remaining opium was put in the same pipa tin. Two parcels were prepared and sealed with the seal bearing impression 'KS'. The opium was taken into possession vide memo Ex.PA. Ruqa, Ex.PU was sent to the police station, on the basis of which formal FIR, EX. PB/1 was recorded.

(3.) WHEN examined under Section 313 Cr.P.C., petitioner stated that he was innocent. He further stated that a police party consisting of Karam Singh SI, Gurdev Singh ASI and Jagdish Kumar Constable apprehended him on March 4, 1984 from the Bore of Puran Singh in the area of village Dhurian, when he had gone to purchase a buffalo at 8 AM. He was having Rs. 3025/- in his possession. He was beaten by Lathis by them and on that account he filed complaint. When he was in the police custody, Pargat Singh and Karnail Singh were also there in the police custody. On March 5, 1984, he was involved in two cases and he was released on March 14, 1984 from the jail on bail. He got himself medically examined on March 15, 1984. He filed a complaint against the police officials. In his defence, he examined DW1 Karnail Singh, DW2 Pargat Singh, DW3 Dr. J.P. Goel and DW4 Jarnail Singh.