SANT RAM Vs. SLATE OF PUNJAB

JUDGEMENT

(1.) Sant Ram was tried by Shri G.S. Sewak, Judicial Magistrate 1st Class, Moga I for offence under Section 9 of the Opium Act for having kept with him 20 Kilograms of opium without a permit and sentenced to undergo RI for two years and to pay a fine of Rs. 5000/- and in default further RI for six months. The petitioner preferred appeal before the Additional Sessions Judge Faridkot, who dismissed the same. Feeling aggrieved by this judgment, Sant Ram ha come up to this Court in revision.

(2.) The brief facts leading to the prosecution may be stated. On 1-1-1982, SI Karnail Singh along with other police officials was proceedings from Moga to Charik Chowk by-pass. When this party reached near the Charik Chowk, petitioner was seen on cycle with a parcel being carried on the carrier and on suspicion, he was checked and the parcel was found to contain, opium from which a sample weighing 50 grams was drawn and the sample and the remaining opium was separately sealed and taken into possession vide recovery memo, Ex. PA. Ruqa, EX.PB was forwarded to the police station and formal FIR, Ex. PB was registered. The case property was sent to the Chemical Examiner who certified the contents of the sample to be opium. On the basis of the evidence so collected, the petitioner was sent up for trial.

(3.) The prosecution examined Tnspector Joginder Singh, PW1 and SI Karnail Singh, PW 2. In support of the recovery, the report of the chemical examiner, Ex. PX and statement of witnesses affidavits of Jagdish Singh, MHC, Ex. PY and Gurmail Singh, Ex. P2 and Constable Baldev Singh, Ex. PZ/1 were also tendered into evidence.