AMAR SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) AMAR Singh petitioner was tried for an offence under section 9 of the Opium Act and was found guilty by Judicial Magistrate 1st Class, Zira who sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 700/- This judgment dated 20-2-1986 was confirmed by Shri N.S. Bhatia, the learned Additional Sessions Judge, Ferozepur in Appeal. The brief facts of the case are that on 19.2.1983 a police party beaded by Head Constable Balbir Singh was present in the area of village Gatta Pat Shah when the petitioner 'was apprehended on suspicion. His personal search led to the resovery of 8 kilograms of opium which he was carrying in a bag 10 grams of opium was separated as sample and the rest of the opium was sealed in a tin-box. Case was got registered against the petitioner and sample was sent to the Chemical Examiner who after analysing the contents of the sample, reported that it constituted opium.

(2.) THE prosecution case was supported by Head Constable dalbir Singh who had investigated the case and constable Makhan Singh. The contention of the petitioner was that in fact no opium was recovered from his possession and he was falsely implicated at the instance of Balkar Singh who had good relations with the police officials. His contention however, remained unsupported.

(3.) THE contentions of the learned counsel do not appear to be sound. The police party was simply patrolling the area when the petitioner met all of a sudden and his behaviour aroused suspicion. At that time no person was present nearby who could be called to witness the recovery. The witnesses were definite that so long they remained at the spot no person came there. In these circumstances, it cannot be said that the investigating officer intentionally avoided taking any one into confidence. The witnesses had no animus to involve. the petitioner in a false case, They were not shown to have any connection with Balkar Singh. Their statement were consistent except for one discrepancy and much significance cannot be attached to the same.