BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed by Balwinder Singh son of Mukhtiar Singh challenging the judgment dated january 23, 1990, passed by the learned Additional Sessions Judge, Faridkot, whereby his appeal against the judgment dated December 9, 1988 passed by the Additional Chief Judicial Magistrate, Faridkot has been dismissed. However, the learned Additional Sessions Judge, while dismissing the appeal of the petitioner has reduced the sentence awarded to him originally by the Additional Chief Judicial Magistrate to 1-1/2 years. The petitioner has been convicted under Section 9 of the Opium Act.

(2.) As per prosecution version, on March 2, 1985, a police party comprising of Sadhu Singh ASI alongwith HC Ranjit Singh along with other Constables was going on checking from Village Kot Sukhia to Dhurkot on a path in a government jeep No. PBM-990. When the aforesaid police party reached the Canal bridge of Dhurkot, three persons were seen coming, who were to come across the said bridge. On seeing the police jeep, they tried to retrace their steps. The jeep was stopped and the aforesaid three persons namely Bakhshish Singh, Balwinder Singh and Gurdeep Singh were apprehended. Opium weighing 10 kilograms and 10 grams was found from the possession of the aforesaid three persons.

(3.) On investigation of the case, the challan was presented but the petitioner has been convicted as aforesaid.