HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the order of Additional Sessions Judge, Ferozepur, dated 8/8/1990 whereby the conviction of the present petitioner under Section 9 of the Opium Act for recovery of 40 kgs of opium, recorded by the Judicial Magistrate 1st Class, Ferozepur, vide his order dated 29-8-1989, was upheld, whereas, the sentence of imprisonment was reduced from 2-1/2 years R.l. to 1-1/2 years R.I. The amount of fine of Rs. 2,000.00 was maintained whereas term of imprisonment in default thereof was reduced from 6 months to 4 months.

(2.) In brief, according to the prosecution version, 40 kgs. of opium was recovered by the policeparty headed by S.1. Balkar Singh on 29/11/1982 after receipt of secret ,information against the petitioner. On the basis of the said secret information, S.I. Balkar Singh recorded the First Information Report, and, thereafter he along with other police officials went to the house of the petitioner who was apprehended. On interrogation the petitioner made disclosure statement, in pursuance of which 40 kgs of opium was recovered concealed in a bag from his nearby field. 20 grams of opium was drawn as sample. Both the sample as well as the remaining opium were separately sealed and taken into possession through seizure memo. After completion of the investigation and on receipt of the report of the Chemical Examiner the petitioner was challenged, convicted and sentenced by the Courts below, as indicated above.

(3.) The learned counsel for the parties were heard.