DHARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DHARAM Singh petitioner was convicted by Judicial Magistrate 1st Class, Batal a vide his order dated August 26, 1985, under section 9 of the Opium Act and sentenced to undergo R.I. for two years and to pay a fine of Rs. 2000/-, in default of payment of fine further R.I. for nine months his appeal was dismissed by Shri M. L. Singhal, Addl. Sessions Judge. Gurdaspur, vide his order dated November 8, 1985, with the slight modification in the sentence which was reduced from two years R.I. to 1-1/2 years R.I. Feeling aggrieved, he has filed this revision.

(2.) THE prosecution case is that on July 10, 1981, A.S.I. Puran Chand along with H.C. Babu Ram, H.C. Muni Lal etc. was going towards village Shekhupur from Batala on patrol duty. When they reached near the bye-pass, Mohinder Singh met them. He was joined. On the turning of village Basarpura, the petitioner was sighted coming on a cycle. On suspicion he was apprehended and on his personal search opium weighing 25 Kgs. was recovered from a gunny bag hanging around the carrier of his cycle which he was riding. After necessary investigation, he was challenged convicted and sentenced, as mentioned in the earlier part of the judgment.

(3.) I have heard Mr. H.S. Mattewal, Senior Advocate, learned counsel for the petitioner and gone through the evidence.