BHARPUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision has been directed against the order of conviction and sentence recorded by Judicial Magistrate 1st Class, Amritsar, dated 8th of August. 1987. Holding the petitioner guilty for an offence under Sec. 9 of the Opium Act and ordering him to undergo R.I. for 18 months as also to pay a fine of Rs. 500/ - and in default thereof to further undergo R.I. for 3 months. The appeal preferred by the petitioner against his conviction and sentence met with partial success as the sentence was reduced from 18 months to one year R.I.

(2.) Briefly, facts of the case reveal that Sita Ram Inspector in the presence of other police officials apprehended the petitioner in the area of Tarn Taran Road on suspicion. On his personal search 5 kgs of opium, wrapped in glazed paper was recovered.

(3.) In its endeavour to bring home the offence against the petitioner, the prosecution examined Inspector Sita Ram as PW-1 and Baldev Raj as PW-2. The prosecution tendered into evidence report of the Chemical Examiner PE and affidavits of formal witnesses Ex. PF and PG.