TEJA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed by Teja Singh and Baldev Singh against judgment dated 7.2.1991 passed by the Additional Sessions Judge, Sirsa, vide which he dismissed the appeal and confirmed the judgment and order of Judicial Magistrate, Dabwali, vide which he found the petitioners alongwith Sheo Karan guilty under Section 9 of the Opium Act and sentenced them to undergo R.I. for a period of one year and a fine of Rs. 500/- each. In default of payment of fine, the defaulter was further sentenced to undergo R.I. for one month.

(2.) BRIEFLY stated, the facts are that on 23.4.1983, Amir Singh, A.S.I. along with other police officials was present at G.T. Road, in the area of village Asse Khera in connection with Nakabandi. At about 3.30 A.M., Jeep bearing No. PNP-6307 came from the side of Sangria, which was being driven by Sheo Karan, whereas the other two persons i.e. the petitioners, Teja Singh and Baldev Singh were sitting by his side. Amir Singh, ASI, tried to stop the jeep by showing light to the jeep Driver but he did not stop and then ASI Amir Singh chased the jeep with the police jeep and at a distance of 200 yards, they over-powered the jeep. However, the petitioners alongwith their co-accused managed to escape. From the search of the Jeep, 11 gunny bags of poppy husk were recovered. Sample of 250 grams was taken out from each of the gunny bags for the purpose of analysis. 11 samples so taken and the gunny bags were separately sealed with the sale of BS and were taken into possession vide recovery memo, Ex. PA.

(3.) HAVING made out a prima-facie case, the petitioners alongwith the co-accused, Sheo Karan, were charged under Section 9 of the Opium Act, to which they pleaded not guilty and claimed trial.