AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AJIT Singh, a labourer of Basti Danish Manda, Jalandhar was tried for an offence under Section 9 of the Opium Act by Judicial Magistrate Ist Class, Amritsar for keeping in his possession 5 kilograms of opium. He was found guilty and was sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 5000/-. Aggrieved by this judgment Ajit Singh filed an appeal which was dismissed by the learned Additional Sessions Judge, Amritsar vide his judgment dated June 2, 1986. Ajit Singh has now filed this Criminal revision assailing the judgments recording his conviction.

(2.) THE prosecution case in brief was that on 8.4.1984 ASI Mohan Singh Police Station 'D' Division Amritsar was present near Mandir Kohrian for checking when he apprehended the petitioner on suspicion. Personal search of the petitioner led to the recovery of 5 kilograms of opium which he was carrying in a bag. 50 grams of opium was separated as sample. The sample and the remaining opium were sealed into two separate parcels and where seized vide memo Ex. PK. Report of the Chemical Examiner Ex. PD revealed that the contents of the sample constituted opium. Then the challan was presented in Court.

(3.) IN defence the case of the petitioner was that no opium was recovered from his possession. He was employed in a sports factory in Jalandhar. He was returning from Amritsar to Jalandhar when at the bus stop Amritsar somebody removed his purse. A.S.I. Mohan Singh met him there and took him to the police station. He demanded money from him but since he was unable to pay anything he was involved in a false. He a examined Dalip Singh lambardar and Swaran Singh in his defence who deposed about the good moral character of the petitioner.