DWARKA DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has been convicted under Section 9 of the Opium Act for allegedly having been found in possession of 20 kg. of opium on 20.8.1982 and has been sentenced to undergo RI for two years and to pay a fine of Rs.2,000/-, and in default of payment of fine to undergo further RI for three months.

(2.) Case of the prosecution is that Kulwant Singh, Inspector received a secret information that petitioner Dwarka Dass was having a huge quantity of opium in his possession. A raiding party headed by HC Didar Singh was constituted and it comprised inter-alia of HC Surjit Singh. After registering FIR Ex. PB, the police party reached the suspected place where the petitioner was found in possession of opium. Sample of contraband was taken and after completing necessary legal steps, petitioner was apprehended and challaned.

(3.) The prosecution mainly relied upon the evidence of PW1 HC Surjit Singh and PW2 HC Didar Singh, which was held to be convincing by the trial court. Holding that the case of the prosecution was fully proved, the petitioner was convicted and sentenced in the manner stated above. The conviction and sentence having been affirmed in appeal,, the present revision has been filed by the petitioner.