SOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgment of the Additional Sessions Judge, Bhatinda, dismissing the petitioners appeal against his conviction and sentence under section 9 of the Opium Act recorded by the learned Chief Judicial Magistrate, Bhatinda.

(2.) THE prosecution case is that on May 18, 1981, a police party, led by ASI Dina Nath was on patrol. Secret information was received at Bus Adda, Bhatinda. The police party proceeded towards the house of the accused in Ganesha Basti and on the way joined Chand Ram PW. The accused was On search 7 kgs. of opium wrapped in a glazed paper was recovered from the bag. 20 grams of opium was taken out as sample. The sample and the remaining opium were duly sealed and recovery memo prepared. The present case was registered on a ruqa sent from the spot. The prosecution examined Gurdev Singh and Swaranjit Singh in support of its case, ASI, Dina Nath, who investigated the case, having died in the meanwhile.

(3.) THE learned Chief Judicial Magistrate accepted the prosecution version and convicted and sentenced the petitioner to rigorous imprisonment for two years and a fine of Rs. 500/- and to a further RI for three months in default of payment of fine, by judgment and order dated April 15, 1985. In appeal, which was dismissed by the learned Additional Sessions Judge, by order dated July 9, 1985, the conviction was affirmed but imprisonment was reduced to one year, maintaining the sentence of fine imposed by the trial Court.