AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge herein is to order dated July 31, 1986 recorded by the learned Trial Court vide which petitioner herein was found guilty for having committed an offence under Section 9 of the Opium Act and sentenced to undergo RI for two years as also to pay fine of Rs. 1500/- on in default of payment to fine to further undergo RI for two months. Appeal preferred by the petitioner against the order of conviction and sentence, so recorded by the Trial Courts met with no success.

(2.) Briefly put it has been the case of prosecution that on August 20. 1983 SI Man Singh accompanied by ASI Laskar Singh, Constable Gurmail Singh and some other Police officials, was on patrol duty. The Police party was coming in a government Jeep. When they reached near Mata Modi Chowk, petitioner was seen coming holding an attachi-case in his hand. He tried to slip awaywhich aroused suspicion. He was thus apprehended and on search of attachi-case. 10 Kgs. 250 gms of opium was recovered. 20 grams of opium was separated as sample and packed in separate small tin box. The bulk opium was put in another big tin box and two separate parcels were prepared and sealed with the seal bearing impression LS. Recovery memo was prepared and information Ex. PA was sent to the police station on the basis of which formal FIR Ex. PA/i was recorded.

(3.) In order to bring home the offence against the petitioner, prosecution examined PW-1 Gurmail Singh. ASI, who had recorded formal FIR on receipt of ruqa Ex. PA. PW2 Laskar Singh, SI. PW-3 Constable Gurmail Singh and PW4 SI Man Singh have deposed about the apprehension of petitioner and suspicion recovery of iO Kg. 250 gms. of opium from his attachi that he was holding at the relevant time the prosecution also tendered into evidence report of Chemical Examiner. Formal affidavits. Ex. PE and PF were also tendered into evidence.