BAAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Criminal Revision has been preferred by the accused against judgment dated 24.1.1991 passed by the Additional Sessions Judge, Sirsa, whereby his appeal against judgment and order dated 11.12.1989 passed by the Additional Chief Judicial Magistrate, Sirsa, was dismissed, vide which he was found guilty and was convicted under Section 9 of the Opium Act and was sentenced to undergo RI for one and a half years and a fine of Rs. 2000/- and in default of payment of fine, he was further sentenced to undergo R.I. for a period of three months.

(2.) BRIEFLY stated, the facts are that on 5.8.1983, PW-2, ASI Prem Singh received a secret information that Kundan Singh, father of the accused was dealing in the sale of opium and if a raid was conducted at his house, opium could be recovered. The ASI constituted a raiding party, consisting of PW-1 H.C. Krishan Lal, HC Kundan Singh, Constables Hardev Singh, Hukam Chand and Naresh Kumar. PW-3 Gobind Singh son of Karam Singh, resident of village Ellenabad, was also joined. When the raiding party reached the dhani of Kundan Singh, the petitioner was seen coming out of the dhani with a bag in his right hand. He was secured and his bag was searched. As a result of search, 5 kgs of opium was recovered wrapped in a polythene paper. The petitioner could not produce any permit or licence for the possession of the opium. A sample equal to 100 grams was separated. The sample as well as the residue were separately sealed and taken into possession vide recovery memo Exhibit PA attested by the witnesses. At the time of recovery of opium, a country made 12 bore pistol along with six live cartridges of the same bore was also recovered from the petitioner and a separate case was registered against him. On ruqa Exhibit PB sent by the Investigating Officer to the Police Station, formal FIR Exhibit PB/1 was registered by Chhaju Ram, HC. The ASI also prepared the rough site plan Exhibit PC of the place of recovery of opium from the petitioner. On reaching the police station, the petitioner was put behind the bars and the case property was deposited with the MHC with seals intact. In due course, the sample was sent to the Assistant Director (Chemistry) F.S.L., Madhuban and on receipt of report Exhibit PD declaring the contents to be opium, the challan against the petitioner was put in Court.,

(3.) AFTER hearing the learned APP for the State and the defence counsel, the petitioner was found guilty and convicted under section 9 of the Opium Act vide judgment dated 11.12.1989 by the trial Court and was sentenced by order of even date as stated above. Aggrieved against the same, the accused filed an appeal which was dismissed vide judgment dated 24.1.1991 passed by the Additional Sessions Judge, Sirsa.