NATHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case against the present revision-petitioner, in brief, is that on December 13, 1978, Sub-Inspector Amrao Singh, alongwith some other Police Officials and Excise Inspector Nirbhai Singh Walia, held Nakabandi in the area of village Jakhepal. Hirda Singh had been joined in the Party. The petitioner came there. On suspicion being roused, he was apprehended by SI Amrao Singh and on his search, 5 Kilograms and 500 grams of opium was recovered. 100 grams of opium was separated as a sample. The sample and remaining bulk were separately sealed and were taken into possession by the said Police Officer. He sent ruqqa Ex. PC to Police Station Sunam and on its basis, formal First Information Report Ex. PC/1, was recorded by Head-Constable Chhaju Singh. The sample was sent to the Chemical Examiner, who vide his report Ex. PF. opined that its contents were opium.

(2.) AFTER the close of the prosecution evidence, the petitioner was examined under section 313 of the Code of Criminal Procedure. He denied the prosecution allegations. According to him, the Police came to his house and affected search, but nothing was recovered. He was then beaten by the Police and taken to the Police Station. He further pleaded that one ASI Rattan Singh was inimical towards him, as he had got him dismissed from service and the said ASI Rattan Singh was in the Police Station when he was taken there. In his defence, the petitioner examined Constable Paramjit Singh (DW1), Niranjan Singh (DW2) Bara Singh (DW3) and Dr. S.K. Bhatnagar (DW4), Chemical Examiner to Government, Patiala. It is not necessary to refer to their statements as these were not refer to before me.

(3.) FEELING aggrieved, the petitioner filed an appeal which was heard by the learned Additional Session Judge, Sangrur. The learned lower appellate Court did not find any merit in the appeal and dismissed the same. Feeling aggrieved, the petitioner has come to this Court in revision.