STATE OF PUNJAB Vs. PIARA SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1-4-1987 passed by the Judicial Magistrate 1st Class, Hoshiarpur, by which the respondent has been acquitted of the charge under Section 9 of the Opium Act, 1878.

(2.) THE prosecution case, briefly stated, is that on 25-7-1985 ASI Tarsem Singh PW-2, who was then posted at police Station, Mahilpur, along with Constable Laskar Singh PW-1 and other police officials, was proceeding from Mahilpur towards Barian and Behowal for patrolling the area and, on the way, he associated with him Mohan Singh Lambardar. When the police party reached near the road turning leading to village Behowal, the respondent was spotted, who on seeing the police, attempted to slip away but he was apprehended. His personal search lead to the recovery of gunny bag Exhibit P-11 which was found to contain 10 kgs. of poppy husk. Out of it, a sample of 250 grams was separated. The sample and the residue bulk of poppy husk in the small gunny bag were turned into parcels which were duly sealed with the seal of Assistant Sub-Inspector, bearing letters 'TS', and taken into possession, vide recovery memo Exhibit RA. Information was sent to the concerned police station through ruqa Exhibit P2 on the basis of which, formal FIR Exhibit PB/1 was registered at Police Station, Mahilpur.

(3.) THE prosecution, in order to connect the respondent with the offence, examined Constable Lashkar Singh PW-1 and ASI Tarsem Singh PW-2, both of whom are the witnesses of recovery and they supported the prosecution version. Report Exhibit PD of the Assistant Chemical Examiner and affidavits PE and PF of MHC Dial Singh and Constable Kartar Singh respectively were tendered in evidence. However; Constable Tilak Raj PW was given up as unnecessary, while Mohan Singh Lambardar was given up by the prosecution on the ground of having been won over by the respondent.