SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge herein is to order of conviction and sentence recorded by the trial Magistrate, who, vide judgment dated Jan. 30, 1987, held the petitioner guilty of committing offence under Sec. 9 of the Opium Act and sentenced him to undergo RI for one year and to pay fine of Rs. 500.00 and in default of payment of fine, to further undergo RI for three months. On appeal, order of conviction and sentence recorded by the trial Magistrate was upheld by learned Additional Sessions Judge, Barnala, vide judgment dated Sept. 17, 1987.

(2.) Briefly put, the prosecution case has been that on Nov. 9, 1984, petitioner herein was found in possession of one kg. of opium without any permit or licence. The opium was recovered from the petitioner when HC Gurnam Singh accompanied by HC Mukhtiar Singh and Constable Avtar Singh were coming towards bus stand of village Gangohar on cycles in connection with patrolling and when they were hardly at a distance of 100 karams behind the bus stand, petitioner was noticed coming from the side of bus stand holding one bag in his right hand. Being perplexed, the petitioner slipped to his right side. On suspicion, he was apprehended and personal search conducted by HC Gurnam Singh resulted in recovery of a bag containing opium wrapped in a glazed paper which, on weighing, was found to be one Kg. Out of the recovered opium, 10 gms. of opium was drawn for sample and the bulk was put into a separate container Ex. P1 Different parcels, both of sample and of the residue, Ex. P1 were sealed with seal bearing initials 'GS' and got into possession vide recovery memo Ex.PB.

(3.) Prosecution, in its endeavour to bring home the offence against the petitioner, examined PWI HC Gurnam Singh and P.W.2 Constable Avtar Singh and also tendered into evidence report of Chemical Examiner, Ex. PE and affidavits, Ex. PG and PH of HC Mukhtiar Singh and Constable Sarwal Singh respectively.