STATE OF PUNJAB Vs. RAJ SINGH

JUDGEMENT

(1.) RAJ Singh accused was found in possession of one kilogram of opium on May 15, 1983 when Assistant Sub Inspector Sudarshan Singh PW 2 alongwith Head Constable Shamsher Singh and other police officials happened to accost him while patrolling on the canal bridge in the area of Bhvtal Kalan. Opium was recovered during the personal search of the accused. A sample of 10 grams was separated & sealed in at in box while rest of the opium was also sealed in other tin box. A case under Section 9 of the Opium Act, 1878 was got registered against him through Ex.PB. The sample was sent to the Chemical Examiner, who vide his report Ex. PD confirmed it to be of opium due to the presence of morphine 42% and maconic acid therein. After completion of investigations, the accused was arranged fortrial on such like allegations.

(2.) BEFORE the trial Court, in order to prove its above referred case, the prosecution examined Head Constable Shamsher Singh PW1 and Assistant Sub Inspector Sudharshan Singh PW2 besides tendering the report Ex. PD of the Assistant Chemical Examiner and the formal evidence of Moharrji Head Constable Gurmit Singh and Constable Rajinder Singh on affidavit Ex.PE and Ex. PF respectively. The version of the accused respondent before the trial court was that of innocence and false implication.

(3.) THE State being aggrieved against the above referred order of acquittal has come up in appeal.