STATE OF PUNJAB Vs. TOTA SINGH

JUDGEMENT

(1.) State of Punjab has preferred the present appeal against the acquittal of Tota Singh respondent, who was allegedly found in possession of 13.950 kgs. of opium.

(2.) The gravamen of police charge against respondent-Tota Singh is that he on 17/3/1983 was found in conscious possession of 13.950 kgs. of opium punishable under Section 9 of the Opium Act (hereinafter referred to as the Act). He was convicted by the learned Judicial Magistrate 1st Class, Barnala under Section 9(a) of the Act vide judgment dated 8/2/1988 and was sentenced to undergo RI for one year and to pay a fine of Rs. 500.00. Aggrieved by the judgment of conviction and sentence, he preferred the appeal and the same stands allowed vide impugned judgment dated 16.7.1990 of the learned Additional Sessions Judge. Hence, this appeal.

(3.) I have heard Ms. B.K. Mann, learned Senior Deputy Advocate General, Punjab and Mr. R.S. Mamli, learned counsel for the respondent. With their assistance I have also gone through the entire record minutely.