KAKA SINGH @ BUDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-petitioner Kaka Singh @ Budhu (herein referred as 'the petitioner') has challenged the judgment dated 8.2.1992 passed by the learned Additional Sessions Judge, Barnala, dismissing his appeal against the judgment dated 10.2.1988 passed by the Judicial Magistrate Ist Class, Barnala, convicting him under Section 9(a) of the Opium Act and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs.200/-.

(2.) In nut shell the prosecution case is that on 23.3.1985, SI Sudesh Kumar along with other police officials, while travelling in Government Jeep bearing registration No.PBS-1717 was passing by the side of village Kotduna towards village Pandhar and when he reached on the canal bridge, they spotted the petitioner coming and on seeing the police party, he tried to slip away. On suspicion, he was apprehended. On his search as per rules, he was found in possession of 8 kgs of opium wrapped in a glaze paper contained in a gunny bag which he was carrying on his head. After drawing sample of 10 grams, the sample as well as the remaining opium was converted into parcels and parcel Ex.P1 was taken into possession vide memo Ex.PA. Ruqa Ex.PB was sent to the police station on the basis of which formal FIR Ex.PB/1 was recorded. On receipt of the report from the Chemical Examiner Ex.PE, containing opinion that the stuff contained morphine to the extent of 2.40% and also the meconic acid, the petitionerCriminal Revision No.166 of 1992 -2- was challaned.

(3.) The petitioner was charged and tried. In his statement under Section 313 Cr.P.C. he denied the allegations and pleaded his false implication. Ultimately he was convicted and sentenced accordingly.