M S ISLAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) M .S. Islam petitioner was convicted under Section 9 of the Opium Act by the Additional Chief Judicial Magistrate. Hissar, by his order dated May 9, 1978 but ordered him to be released on probation on his entering into a bond with one surety in the sum of Rs. 4,000/ - undertaking to appear and receive sentence as and when called upon to do so during the period of two years and in the meantime to keep peace and be of good behaviour. He was further ordered to pay Rs. 1,000/ - as costs of the proceedings under the Probation of Offenders Act. On appeal, the learned Additional Sessions Judge, Hissar, maintained his conviction. Feeling aggrieved, he has now come up by way of revision.

(2.) TO establish its case, the prosecution mainly relied on the evidence of Rattan Chand, P.W.1, Hakam Singh, P.W.2 and Assistant Sub Inspector Nihal Singh P.W.3. Rattan Chand, P.W., was disbelieved by the trial Magistrate. On behalf of the petitioner it has been vehemently urged that Hakam Singh is admittedly a stooge of the police as he has admitted having appeared as a prosecution witness in 8/10 cases for the police and that on the sole testimony of the Investigating Officer conviction cannot be sustained. There seems to be considerable merit in this argument. It is borne out from the evidence of Assistant Sub Inspector Nihal Singh that there were some persons moving near about the place of occurrence but he made no attempt to join any disinterested person in the raiding party. Hakam Singh was a convenient witness and as such it would not be safe to accept his testimony. In view of this, blemish also attaches to the testimony of Assistant Sub -Inspector Nihal Singh. As no independent witnesses was joined in the raiding party, it would cast a doubt even on the testimony of the aforesaid official witness.

(3.) FOR the reasons stated above I accept this revision petition and set aside his conviction and accquit him of the charge. The costs of the proceedings amounting to Rs. 1,000/ -.if paid, shall be refunded to him. Revision petition accepted.