SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case against the revision-petitioner was that on 23.6.1983 Inspector Baiwinder Singh was present near roadways workshop, Amritsar in connection with patrolling along with other police officials, when the petitioner came from the side of Richo Bridge. He was carrying a bag in his right hand. On suspicion he was apprehended and his search was conducted. One Kilogram of opium was recovered from the bag out of which 10 grams of opium was separated as sample. The sample and remaining opium were sealed into two packets and were seized vide memo Ex. PA. Case was got registered against the petitioner and after completion of the investigation charge-sheet was presented in Court.

(2.) The petitioner was charged for an offence under Section 9 of the Opium Act. He pleaded not guilty and claimed trial. When examined under Section 313 Cr.P.C. he denied all the allegations and contended that case against him was false. He examined one Ramesh Kumar in his defence.

(3.) To prove the case against the petitioner prosecution examined Balwinder Singh P.W. 1, Raghbir Singh P.W. 2 and ASI Gian Singh P.W. 3. Report of the Chemical Examiner and affidavits of formal witnesses were also tendered in evidence. On appraisal of the evidence the learned Judicial Magistrate 1st Class, Amritsar found that the charge against the petitioner was proved. He, therefore, convicted and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/- Dissatisfied with this judgment dated 7.1.1986 Sat Pal filed an appeal which was dismissed by the learned Additional Sessions Judge, Amritsar as per judgment dated 22.5.1986. The present revision petition was filed by the accused assailing his conviction.