JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment two revision petitions namely Criminal Revision Nos. 685 and 736 of 1988, titled Jagdish v. State of Haryana and Mangat Ram v. State of Haryana can conveniently be disposed of together Since the facts are identical, therefore, they are being taken up together.

(2.) The relevant facts of the prosecution case are that on 24-1-1988 Sub Inspector Dalip Singh alongwith Head Constable Kanha Ram and other police officials were present near Octroi Post in connection the investigation of another case. Secret information was received that two persons were coming from the side of Dabwali in a car and are in possession of opium. Balbir Singh and Joginder Singh were joined in the raiding party. Picket was held at the crossing of the road leading to Odhan. Dabwali and Kalanwali. After sometime car bearing registration No. HRN-603 came from the side of Dabwali. Petitioner Mangat Ram was driving the same while petitioner Jagdish was sitting on the front seat by the side of Mangat Ram. The car was signalled to be stopped. The search revealed that opium duly wrapped was lying in between both the petitioners on the front seat. It was weighed and found to be 5 Kgs. 100 grams was taken as the sample. The Sample and rest of the opium were converted into two parcels and sealed with the seal of BS. The seal after use was given to Balbir Singh. The petitioner was arrested. The formal first information report was got recorded and the case property was deposited in the Malkhana. The representative sample was sent for report of the Chemical Analyst. On receipt of the report that it was opium, the report was submitted to the Court of competent jurisdiction.

(3.) The learned Sub Divisional Judicial Magistrate, Dabwali framed a charge against the petitioners for the offence punishable under Section 9 of the Opium Act. The petitioners had pleaded not guilty and claimed a trial. The defence of the petitioners was that they were innocent. They have been impleaded at the instance of Sukhdev Singh who was Member of Legislative Assembly from Kalanwali. Sukhdev Singh had enmity with one Des Raj who is a relative of Mangat Ram. Petitioner Jagdish stated that he is brother of one Ashwani Kumar who is a liquor contractor of Kalanwali. He had been impleaded by the police to have revenge from Ashwani Kumar.