CHAMAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Chaman Lal-petitioner has filed the present revision against judgment dated 3.4.1989 passed by the Additional Sessions Judge, Ludhiana upholding the judgment dated 27.11.1987 passed by Sub-Divisional Judicial Magistrate, Jagraon, whereby the petitioner was convicted under Section 9(a) of Opium Act, 1878 (hereinafter referred to as 'Act') and sentenced to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 700/- and in default of payment of fine to undergo further rigorous imprisonment for one month.

(2.) Shortly stated the prosecution version is that on 6.12.1984, Head Constable, Haqiqat Singh alongwith HC Pritam Singh, Constables Kuldip Singh and Tarsem Singh was present near the bus stand of village Nanaksar in connection with patrolling. At about 1.00 p.m., the accused was spotted coming carrying a hand bag in his right hand. On seeing the police party, he took a turn towards the back side of room located at the bus stand which aroused the suspicion of the police. He was accordingly apprehended and his search led to the recovery of 4-1/2 kgs. of opium in the bag carried by him. Sample of 10 grams was separated from the opium and, thereafter the sample and remaining opium were made into two separate parcels and sealed with the seal 'HS' and taken into possession vide seizure memo prepared in this regard. Ruqa was transmitted to the police station on the basis of which the case was registered against the petitioner-accused at the police station. On receipt of chemical examiner's report Ex.PE and completion of investigation, accused was challaned. Accordingly he was charged under Section 9 of the Act.

(3.) At the trial, prosecution examined HC-Pritam Singh, PW-1, HC Haqiqat Singh, PW-2, who gave a detailed account as to the interception of accused on 6.12.1984 at 1.00 p.m. in the area of village Nanaksar and recovery of 4-1/2 kgs. of opium from the hand bag carried by the accused. They had also proved their attestation on the recovery memo and memo of search of Ex. PB. HC-Pritam Singh had further stated that on return to the police station, case property was deposited with HMC-Kulwant Singh. Report of Chemical Examiner Ex.PE alongwith affidavits Ex.PF and Ex. PG were also placed on record. When examined under Section 313 of the Code of Criminal Procedure (hereinafter referred to as 'Code'), accused rendered a plea of complete denial while taking the stand of false implication. He led no defence. On appraisal of evidence adduced on record, the learned Magistrate accepted the prosecution version and convicted and sentenced the accused as noticed above. Appeal preferred by the petitioner-accused was dismissed by the Additional Sessions Judge, Ludhiana vide order dated 3.4.1989. Hence the present petition.