SITA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed by Sita, against the judgment dated 20th of May, 1986, decided by Sh. G.L. Chopra, I Additional Sessions Judge, Sangrur, whereby an appeal filed by the petitioner against his conviction and sentence under Section 9 -A of the Opium Act was dismissed.

(2.) THE facts of the case stated briefly are that on 19th of August, 1983, A.S.I. Darshan Singh of Police Station Dhuri, was patrolling the area along with other police officials. When the police party reached the bridge in the area of village Bhullarheri, the petitioner was apprehended on suspicion. His personal search was conducted after observing due formalities which led to the recovery of 2 -1/2 kg. of opium. A sample was separated from the recovered opium and both the sample and the remaining opium were sealed in separate parcels, and were seized vide a recovery memo. The sample was got chemically examined and report of the Chemical Examiner showed that the contents of sample constituted opium. The petitioner was then tried for the offence under Section 9 of the Opium Act. He was held guilty and was sentenced to undergo rigorous imprisonment for 9 months and to pay a fine of Rs. 250/ -, by Sh. S.S. Hundal, Judicial Magistrate 1st Class, Dhuri, vide order dated 27th of July, 1985. The petitioner's appeal against this judgment recording his conviction was dismissed.

(3.) DURING trial, the plea taken by the petitioner was that he was falsely implicated in the case and no opium was recovered from his possession. He was taken away by the police officials from his house along with his son while they were taking tea. His son was involved in a case under the Arms Act for the recovery of aspiring actuated knife, and he was involved in the opium case. He was brought from his house in the presence of Pritam Singh, Member Panchayat and Baru, Member Panchayat. He was not having good relations with Jarnail Singh, Member Panchayat, who was intimate with A.S.I. Darshan Singh.