STATE OF PUNJAB Vs. CHANAN SINGH

JUDGEMENT

(1.) CHANAN Singh respondent was found in conscious physical possession of 5 kgs 10 grams of opium on June 3-11-84. After getting the sample tested from the Chemical Examiner vide his report Exhibit PD Khem Karan Police prosecuted him under section 9 of the Opium Act. Vide its judgment dated October 14, 1985 learned trial court convicted the accused of the commission of the offence under section 9 of the Opium Act, 1878 and sentenced him to undergo rigorous imprisonment for a period of two years and to pay Rs. 2000/- as fine for his conviction aforesaid. In default of payment of fine respondent was ordered to undergo rigorous imprisonment for a further period of 6 months. In appeal, learned Additional Sessions Judge, Amritsar, lower Appellate Court, gave to the respondent the benefit of doubt and acquitted him. Feeling aggrieved, from the lower Appellate Court's judgment of acquittal State of Punjab has filed in this Court Criminal Appeal No. 106 DBA of 1987.

(2.) WE have heard Shri S.S. Kang, DAG Punjab for the appellant State, nemo for the respondent in spite of due service and have perused the relevant material on record very carefully.

(3.) AFFIDAVITS Exhibit PE and Exhibit PF do not bear the seal of the court of Judicial Magistrate 1st Class, Tarn Taran who actually attested them and in whose court these were produced. The seal is of Executive Magistrate who did not admittedly attest them. In terms of the observations made in Jarnail Singh v. State of Punjab, 1988 Criminal Law Times 426 learned lower Appellate Court rightly observed that both these affidavits could not be admitted into evidence to prove the officials acts narrated by the deponents therein as having been duly performed by them.