BANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) For having been found in possession of 5 Kgs. of opium, the petitioner was charged under Section 9 of the Opium Act before the Judicial Magistrate 1st Class Rup Nagar. Finding him guilty, the petitioner was convicted there under and a deterrent sentence of one year and a fine of Rs. 1000/- was imposed on him. On appeal, the learned Additional Sessions Judge, Rup Nagar, in an exhaustive judgment has upheld his conviction and sentence. He has now come up by way of revision.

(2.) On August 26, 1977, Assistant Sub-Inspector Sin Krishan alongwith. Head-Constable Didar Singh, Head-Constable Bahadur Singh and other police officials was present at the bus-stand Morinda in connection with patrol duty. On receipt of secret information against Bant Singh, Assistant Sub - Inspector Sin Krishan joined Nahar Singh from the said bus-stand and set out for raiding his house. It is said that when the police party was about to take a turn towards the house of the petitioner the latter was found coming in a car, bearing registration No. DHC 9226. It was Ambassador make coming from Kurali side towards Morinda. The car was stopped and the personal search of the accused yielded 35 cartridges of 303 bore. A .12 bore single barrel gun and a rifle were found lying on the front seat of the car. From the further personal search of the petitioner, one key and Rs. 45/- were recovered. Consequently cases under Section 25 of the Arms Act and under Section 411, Indian Penal Code, were got registered against him. On interrogation, the petitioner suffered disclosure statement leading to the recovery of 5 kgs. of opiun from the almirah of the front room of his residential house. The sample sent to the Chemical Examiner was subsequently, found to be opium.

(3.) The prosecution case Tprimarily rested on the testimony of Assistant Sub-Inspector Sri Krishan and Head Constable Didar Singh. The accused denied the prosecution allegations and pleaded false complicity in the case. Smt. Sushobita Kumari, Assistant Chemical Examiner, Punjab, Chandigarh and Head-Constable Bikram Singh were examined in defence.