AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been directed against the order of conviction and sentence recorded by Judicial Magistrate Ist Class, Amritsar, dated 16th of February, 1987 vide which the petitioner herein was held guilty for an offence under Section 9 of the Opium Act and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs. 1000/- or in default to further undergo R.I. for a period of three months. The appeal preferred by the petitioner against the order of conviction and sentence was dismissed by learned Additional Sessions Judge, Amritsar, on 16th of July, 1987.

(2.) BRIEFLY put the prosecution case has been that on 14th of December, 1982, S.I. Harjit Singh along with Head Constable Gulshan Rai, Constables Kundan Lal and Sawaran Singh and L/NK Gurdev Singh under the supervision of H.S. Sidhu, Commandant 23, B.S.F. Battalion in connection with nakabandi was present near the bridge of defence drain in the area of village Rajatal. At about 4.00 A.M. four persons came from the side of Dauke out of which two were having head weights and two were having weights in their hands. They were challenged by the police party but instead of their stopping, they started firing upon the police party. In self-defence S.I. Harjit Singh fired two shots from his service revolver and Constable Kundan Lal also fired five shots from his .303 rifle. Three persons, however, managed to escape under the cover of darkness towards Pakistan. The petitioner was, however, apprehended by S.I. Harjit Singh with the help of police officials. On his personal search, a gunny bag containing 50 Kgs. of opium was recovered which he was carrying on his right shoulder. Twenty grams of opium was separated as sample from the recovered opium and was put in a small tin whereas the remaining opium was put in drum. Parcels of sample and drum containing opium were sealed with the seal bearing letters 'HS' and were taken into possession vide recovery memo Ex.PA. Intimation (ruqa) was sent to police station on the basis of which formal FIR Ex.PC/1 was recorded. After completion of investigation, report under Section 173 of the Code of Criminal Procedure was prepared and challan was put before the Ilaqa Magistrate.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, petitioner while denying incriminating material put to him pleaded innocence. In his defence he examined DW1 Pritam Singh.