(1.) This revision has been directed against the order of Sub Divisional Judicial Magistrate, Khanna, who vide his order dated 15th of Oct., 1987, convicted the petitioner herein under Sec. 9 of the Opium Act and ordered him to undergo R.I. for a period of two years as also to pay a fine of Rs. 1000.00 or in default of payment of fine to further under R.I. for four months. Aggrieved, the petitioner carried an appeal before the Additional Sessions Judge, Ludhiana which met with no success whatsoever and the same was dismissed vide order dated 15th of July, 1988.
(2.) Briefly, the prosecution case has been that on 22nd of May, 1985 ASI Tale Ram along with ASl Ram Kumar and Constables Surjit Singh and Lachhman Singh was going to village Gajipur on patrol duty from the side of village Chak and when the police party reached in the area of village Gajipur, from where a path emerges for village Sir Krishan Singh, petitioner was found coming from the side of the said village and seeing the police party, he suddenly turned back. On suspicion he was stopped. On his personal search 10 killos and 510 grams of opium was recovered from the empty bag he was carrying. After drawing a sample of 10 grams, the sample and the remaining opium was separately sealed into two parcels which were taken into possession vide memo Ex. PA. On the basis of ruqa Ex. PC, formal FIR Ex. PC/ 1 came to be recorded at police Station, Sadar, Khanna under Sec. 9 of the opium Act.
(3.) In order to substantiate its case, the prosecution examined ASI Ram Kumar as PWI and ASI Tale Ram as PW2. Affidavits Ex. PE of countable Joginder Singh and AMHC Pran Nath were also tendered into evidence.