BAWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON September 15, 1982, on the basis of secret information, A.S.I. Bhoop Singh of Police Station Baramgudha, alongwith Head Constable Jai Dayal raided the house of Bawa Singh petitioner in the area of village Rohon and recoved two kilograms of opium from the search of his house. The Trial Court, believing the evidence of H.C. Jai Dayal and A.S.I. Bhoop Singh, convicted the accused petitioner under section 9 of the Opium Act and sentenced him to undergo six months' rigorous imprisonment and a fine of Rs. 500/- or in default of payment thereof to further suffer three months' rigorous imprisonment. The appeal filed by the accused-petitioner against the above referred conviction and sentence was, dismissed by the Sessions Judge, Sirsa, vide his order dated April 5, 1986. Still being aggrieved, the accused has come up in this revision petition.

(2.) MR . D.S. Bali learned Senior Advocate, contends firstly that the recovery of the opium from the possession of the accused was not established. The second limb of his argument is that the prosecution had failed to house from that the accused was the only adult male member residing in the prove that where the opium was recovered. Mr. J.B. Tacoria learned counsel for the State, on the other hand, supported the findings of the Courts below.

(3.) THE police officials being interested in maintaining peace in their area are obviously agitated against the members of the Kissan Union which indulges in organizing protest marches etc, against the authorities. The accused had alleged so in his statement recorded under section 313 of the Code of Criminal Procedure. A simple denial on the part of the police officials in this regard is thus of no consequence. Thus it cannot be said that police had no grudge against the petitioner.