JAGAN NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed by Jaggan Nath son of Chanan Ram against the order dated February 27, 1989 passed by the Judicial Magistrate Ist Class, Mandi Dabawli whereby the petitioner has been convicted under Section 9 of the Opium Act and sentenced to undergo rigorous imprisonment for a period of six months and further to pay a fine of Rs. 100/-. The appeal filed by the petitioner has been dismissed by the learned Additional Sessions Judge, Sirsa vide judgment dated July 4, 1989.

(2.) AS per the prosecution version, on March 21, 1983 Jai Narain, SI/SHO alongwith police partly was present at Bhatinda Chowk in connection with patrolling and excise checking, he received secret information that Jaggan Nath son of Chanan Ram who was in the habit of selling opium, had alighted from the bus at old bus stand with opium in his possession. A raid was conducted after constituting the raiding party. The petitioner was apprehended and he was found to be possessing 2 kgs. 10 grams opium wrapped in a glazed paper. The sample was taken. On investigation, challan was presented and ultimately the petitioner was convicted as foresaid.

(3.) SHRI D.N. Ganeriwala, the learned counsel for the petitioner has pointed out that in fact there were major discrepancies in the statements of the witnesses which were brought to the notice of the learned Additional Sessions Judge as well. Shri Ganeriwala has brought to my notice paragraph No. 6 of the judgment of the learned Additional Session Judge. I find that the major discrepancies have been noticed by the learned Additional Sessions Judge but the same have been brushed aside by merely observing that "these discrepancies are the natural outcome of truthful statements".