SHAHZADA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been preferred by Shahzada Singh, hereinafter described as "the petitioner" directed against the judgment and order of sentence passed by the learned Chief Judicial Magistrate, Jalandhar, dated 15.9.1986 and of the learned Additional Sessions Judge, Jalandhar, dated 4.4.1987. The learned trial Court held the petitioner guilty of the offence punishable under Section 9 of the Opium Act and sentenced him to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 1500/-. In default of payment of fine, he was to undergo rigorous imprisonment for three months. The appeal preferred by the petitioner was dismissed.

(2.) THE relevant facts are that on 5.8.1976 at about 10 a.m. Assistant Sub Inspector Darshan Singh accompanied by Assistant Sub Inspector Harbans Singh and some other police officials were present outside IInd Class Railway waiting hall at Railway Station, Jalandhar. The petitioner came out of the railway station and was stopped on suspicion. He was carrying a bag in his right hand. It was searched. It contained opium wrapped in the fold of pant and chadder. The contents were found to be 4-1/2 kgs. 50 grams was taken as a representative sample. The remaining opium and the representative sample were converted into two separate parcels and sealed with the seal of 'H.S. Saini'. They were taken into possession vide recovery memo. The articles later on were deposited in the Malkhana. The representative sample was sent for the report of the Chemical Examiner. It was reported that it was opium. This led to the filing of the challan against the petitioner.

(3.) THE learned trial Court on appraisal of evidence concluded that the prosecution has successfully proved its case beyond all reasonable doubt. The defence version that the petitioner was falsely implicated had been rejected. With these findings, the abovesaid judgment and order of sentence followed. The reasoning of the trial Court found favour with the learned Additional Sessions Judge, Jalandhar.