CHAMKAUR SINGH Vs. STATE

JUDGEMENT

(1.) This is a criminal revision filed by Shri Chamkaur Singh and has been directed against the judgment dated 19/4/1988 passed by the Court of Additional Sessions Judge, Faridkot, who maintained the conviction of the petitioner under Section 9 of the Opium Act and dismissed the appeal.

(2.) The brief facts of the case are that Shri Chamkaur Singh was prosecuted under Section 9 of the Opium Act on the allegations that on 14/5/1985 he was allegedly found in possession of opium weighing one kilogram without any licence or permit and thereby committed an offence punishable under Section 9 of the Opium Act. The case of the prosecution further is that on 14/5/1985 the police party headed by ASI Sardul Singh was proceeding towards Village Ganji Gulab in connection with patrol duty and when it reached in the area of village Smadhbhai, the petitioner was noticed coming from the opposite direction and on seeing the police party he tried to give a slip. Upon this, suspicion having aroused, the petitioner was apprehended by the A.S.I. and his personal search was carried out as per rules. From the possession of the petitioner, opium weighing one kilogram wrapped in a glazed paper, was found. The petitioner was carrying this opium in a Jhola Ex. P.1. The Thanedar separated 10 grams of opium by way of sample and made a sealed parcel thereof. The remaining bulk of the opium was separately sealed by the Thanedar with seal bring impression SS. The opium was taken into possession vide memo Ex. PE attested by the witnesses. The petitioner could not produce any licence or permit for the possession of the opium. Rukka Ex. PH was sent to the Police Station Baghapurana for the registration of the case on the basis of which formal FIR Ex. PH/i was registered. The Investigating Officer also prepared rough site plan of the place of recovery and on return to the policestation he deposited the sealed parcel of the opium with seals intact with the MHC. The sample of opium was sent to the office of Chemical Examiner who vide report Ex. PD declared the substance as opium. On the completion of the investigation of the case, the accused was challaned under Section 9 of the Opium Act.

(3.) The copies of the documents as relied upon by the prosecution were supplied to the accused and he was charged under Section 9 of the Opium Act to which he pleaded not guilty and claimed a trial.