AVINASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 3.8.1987, passed by the Addl. Sessions Judge, Kapurthala, who dismissed the appeal of the petitioner, under section 9 of the Opium Act.

(2.) THE brief facts of the case are that the on 6.1.1985, Head Constable Kuldip Singh of Police Station, City Phagwara, along with another Head Constable Harbhajan Singh and two constables went on routine patrol duty. The police party went towards Jalandhar Octroi Post from the side of the Bus Stand. When the police party reached the Hoshiarpur Chowk, the petitioner was seen coming from the side of Hoshiarpur and on seeing the police party he became nervous. He was stopped on the basis of suspicion and his search was conducted and opium weighing 4 Kgs. was recovered from the bag which the petitioner was carrying under the cover of the shawl. A sample, as per the rules, was drawn and the remaining opium was sealed in a tin after weighment. On receipt of the report of the chemical examiner, the petitioner was challaned.

(3.) ON order to prove the charges, the prosecution examined HC Kuldip Singh and HC Harbhajan Singh. The prosecution also tendered into evidence the report of the chemical examiner and the affidavits of the formal witnesses.