JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision is on behalf of Jit Singh, Gurmel Singh and Baldev Singh. They were convicted the Judicial Magistrate First Class, Moga, by judgment dated January 29, 1980, for the commission of an offence under section 9 of the Opium Act. Each of them was sentenced to undergo rigorous imprisonment for three years and to the payment of a fine of Rs. 5,000/-. In appeal the Sessions Judge, Faridkot, by judgment dated May 20, 1980, maintained the conviction but reduced the sentence of imprisonment to 1Y3 years in respect of each of the petitioners. The sentence with regard to the payment of fine was maintained.

(2.) It is alleged against the petitioners that at about 3.30 a.m. on May 3, 1977, they were found carrying about 62 kg. of opium in a truck., There Were seven bags in which the opium was contained. Jit Singh was driving the truck while the other two petitioners were sitting by his side on the front seat.

(3.) The prosecution case is that Inspector Gurcharan Singh P.W. 2 joined with him certain other police officials of Police Station, Nihalsinghwala, and then proceeded to investigate a theft case. Sub-Inspector Gurbachan Singh P.W. 4 was a member of the police party. While the police party was coming from Badhni Kalan to Nihalsinghwala in a Jeep the truck driven by lit Singh was stopped and the opium was got recovered.