GURNAM SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) GURNAM Singh petitioner was held guilty for an offence under Section 9 of the Opium Act after trial by Shri O.P. Goyal, Judicial Magistrate 1st Class, Zira and was sentenced to undergo rigorous imprisonment for 2-1/2 years and to pay a fine of Rs. 2000/- He filed an appeal against this judgment which was dismissed by Shri K. R. Mahajan, the learned Sessions Judge, Ferozepur as per judgment dated 26-5-1986 after the sentence of imprisonment was reduced to two years. The present revision petition is directed against this judgment.

(2.) THE prosecution case against the petitioner was that on 29.1.1982 A. S. I. Harbans Lal was on patrol duty along with other police officials when in the area of village Pipli Miani he apprehended the petitioner on suspicion and conducted his personal search. The petitioner was found, in possession of 5 kilograms of opium which he was carrying in a gunny bag. Sample weighing 20 grams was separated and both the sample and the remaining opium were sealed into two packets. Case was got registered against the petitioner vide ruqa Ex. PB. Sample was sent to the Chemical Examiner who submitted his report Ex. PD.

(3.) THE contention of the petitioner at trial was that he was not on good terms with one Chanan Singh, who got him falsely implicated in this case and he was never found in possession of any opium. One Amar Singh Lambardar was examined in defence according to whom the petitioner was taken away by the police from his house and nothing incriminating was recovered from his possession