LAWS(P&H)-2000-3-55

GURMEJ SINGH Vs. STATE OF PUNJAB

Decided On March 01, 2000
GURMEJ SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS revision has been directed against the order of conviction and sentence recorded by Judicial Magistrate Ist Class, Zira dated 19th of December, 1986, vide which the petitioner herein was tried under Section 9 of Opium Act and sentenced to undergo R.I. for a period of two and half years and a fine of Rs. 5,000/- and in default thereof to further undergo R.I. for three months, which was confirmed in appeal by the learned Additional Sessions Judge, Ferozepur vide his order dated 18th of August, 1987.

(2.) THE allegation of the prosecution has been that the petitioner Gurmej Singh was found in possession of 50 kgs. of opium of 3rd of November, 1982 when Sub Inspector Kanwaljit Singh alongwith ASI Tarlok Singh and other Constables was going from Makhu to Chakkian on patrolling in a government vehicle. When the police party reached the turn of river bank in the area of Purana Makhu, petitioner was seen coming from Harike side via river bank on cycle. On seeing the police party, he tried to return but on suspicion he was stopped and searched. From the carrier of the cycle a gunny bag was recovered which was found to contain opium weighing 50 kgs. Out of the recovered contraband samples were drawn and sealed. They were taken into possession vide memo Ex. PA alongwith the remaining opium and put into two tin boxes. Information Ex. PB was sent to the Police Station on the basis of which formal F.I.R. Ex. PB/1 came to be recorded. Rough site plan of place of recovery Ex. PC was also prepared.

(3.) THE accused in his statement recorded under Section 313 of the Code of Criminal Procedure denied allegations made by the prosecution and pleaded false implication. He examined in his defence DW1 Mohinder Singh and DW2 Balbir Singh. As mentioned above, after appreciating the evidence led by the prosecution and the defence, the learned trial Judge came to the conclusion that the petitioner was found in possession of 50 kgs of opium and, thus, convicted and sentenced him for the period already mentioned above.