BABU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed by Babu Singh, S/o Surain Singh, against the judgment dated February 16, 1989 passed by the learned Sub Divisional Judicial Magistrate, Phul whereby the petitioner was convicted under Section 9 of the Opium Act and was sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 500/-. An appeal filed by him was also dismissed by the learned Additional Sessions Judge, Bathinda vide order dated May 18, 1989.

(2.) THE case of the prosecution is that on May 6, 1985 ASI Gulzar Singh in the company of other police officials was going in a Government jeep from Village Phulewala to Village Ghanda Banna and Sandhu Khurd on the direction of DSP for checking of opium etc. and when the police party reached the bridge of canal minor near a school, the petitioner and one another person were found going carrying gunny bags on their heads to Village Ghanda Banna. On seeing the police party, they tried to slip away and on suspicion they were apprehended. The case of the prosecution is that on the search of gunny bag carried by the petitioner Babu Singh, 25 kilograms of poppy husk and 2-1/2 kilograms of opium were recovered. Samples were taken and after investigation, a challan was presented. The petitioner has been convicted as aforesaid.

(3.) ON the other hand, Shri Ashish Sharma, learned Assistant Advocate General, Punjab has submitted that there was no requirement of law that a police party must comprise of an independent witness. Shri Sharma maintains that the conviction can be sustained even on the statement of the official witnesses alone.