HARJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 19.(sic).1985, Assistant Sub Inspector Manmohan Singh of Police Station, Division No. 4, Ludhiana, was on patrol duty alongwith Head Constable Sikander Singh, Jagtar Singh, Kuldip Singh and other police officials. The police party was going in a Government vehicle to wards chowk Old Sabji Mandi, Ludhiana after joining Om Parkash PW and when it was at a short distance from Chand Cinema Ludhiana. Harjeet Singh was apprehended on suspicion. He was carrying an attache case. His personal search led to the recovery of 10 kilograms 200 grams of Opium from the attache case. From the recovered substance a sample of 50 grams was separated and was sealed in a tin box. The remaining opium was also seized and seizure memo was prepared. The sample was got chemically examined and after completion of the investigation challan was presented in Court. Harjeet Singh was tried for an offence under Section 9 of the Opium Act by Shri Amarjit Singh Katari, Judicial Magistrate, Ist Class, Ludhiana, who vide his judgment dated 5.4.1991 held him guilty and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/-. In default of payment of fine further imprisonment for six months was imposed. Against this judgment recording his conviction, Harjeet Singh filed an appeal which was dismissed by Shri V.B. Handa, Additional Sessions Judge, Ludhiana on 6.11.1991. By way of this revision petition Harjeet Singh has assailed the judgment of the trial Court recording his conviction as well as judgment of the Appellate Court maintaining the same.

(2.) I have heard Mr. D.S. Walia, Advocate, the learned counsel for the petitioner and Mr. A.S. Jatana, Assistant Advocate General, Punjab, for the State and have perused the record.

(3.) LEARNED Assistant Advocate General contended that quantity of the recovered article was quite substantial and it was not easy to foist such a heavy quantity of opium. The non-official witness was given up as he was colluding with the petitioner and testimony of official witnesses could not be discarded on account of their official status.