BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE case against the petitioner Bhupinder Singh is that on 1.1.1977, on receipt of secret information S.I. Mohinder Singh, S.H.O. Police Station 'B' Division Amritsar, accompanied by head constable Amar Nath and A.S.I., Malkiat Singh and other members of the police force went to his house. As the police party reached near the house, he was seen coming out of the house. On seeing the police party he tried to slip away what was apprehended and on search 250 gms of opium wrapped in glazed paper was recovered from the right pocket of his trousers. It is in respect of this matter that the petitioner now stands convicted for an offence under Section 9 of the opium Act and sentenced to three months' rigorous imprisonment and a fine of RS. 500/ -.

(2.) THE case of the prosecution was deposed to by S.I. Mohinder Singh who was examined as PW4 and his testimony was sought to be corroborated by that of Head Constable Amar Nath. PW1.

(3.) THE plea of Bhupinder Singh in his statement under Section 313 of the Code of Criminal procedure, was that he had enmity with A.S.I. Malkiat Singh as he had made applications against him to the higher authorities and it was also at his instance that he had been earlier arrested under the Defence of India rules, and, thus, this was a false case made at his instance. In defence DQ 1 Constable Chanan Singh was examined who deposed that on 2.7.1996, an FIR under the defence of India Rules was recorded against Bhupinder Singh petitioner on the statement of Malkiat Singh.