ROOP CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Criminal Revision and has been directed against the judgment dated 12.12.1987, passed by the learned Sessions Judge, Faridkot who maintained the conviction and sentence of the petitioner awarded by the trial Court vide its order dated 2.3.1987. The petitioner was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- or in default of payment of fine to undergo further rigorous imprisonment for 3 months.

(2.) THE brief facts of the case are that on 15.1.1984, the police-party headed by ASI Gurdev Singh alongwith constable Malkiat Singh and other police officials was going towards railway level crossing on the Faridkot-Talwandi Road and when the police party was near the octroi post, they saw two persons crossing from the road leading to the Courts. On seeing the police party, both of them ran towards their backside. Both of them were holding Jholas of gunny bag in their hands. Roop Chand petitioner was apprehended whereas his companion succeeded in running away throwing the Jhola on the road. From the personal search of the petitioner 10 kgs opium wrapped in a glazed paper was recovered from his Jhola for which he could not produce any permit. 50 grams opium was separated out of it as sample and, thereafter, the sample and the remaining opium were separately sealed in two parcels with seal mark GSK and the entire aforesaid case property was taken into possession. The sample was sent to the office of the Chemical Examiner who found the same to be opium vide report Ex. PF. On the completion of the investigation, the accused was challaned.

(3.) TO prove its case the prosecution examined PW-1 Teja Singh, PW-2 Constable Malkiat Singh, PW-3 ASI Gurdev Singh and tendered into evidence report of Chemical Examiner Ex. PF and the affidavits of formal witnesses Ex. PG and PH.