RATTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted for an offence under Section 9(a) of the Opium Act and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 1,000/., or in default of payment of fine to undergo further rigorous imprisonment of three month by the learned Judicial magistrate 1st Class, Jalandhar. On appeal, his conviction was upheld but his sentence of rigorous imprisonment was reduced to one year. The sentence of fine, with its default clause, was also maintained. He has challenged his conviction and sentence by way of this revision petition.

(2.) THE prosecution case as set up at the trail was that on June 20, 1980, S.I. Om Parkash P.W. 2 and A.S.I. Gurdial Singh P.W. 1 were present at Bus Stand Adampur where at 5.45 p.m. he received secret information to the effect that the petitioner had stacked poppy heads in a Kotha situated in the field of Captain Bhajan Singh in the area of village Nauli. Thereupon he got registered a case against the petitioner vide F.I.R. Exhibit PB at Police Station Adamput. Thereafter the police party went to the said place. In the area of village Nauli after joining Roshan Singh Lambardar from the said village.

(3.) THE samples were sent to the Chemical Examiner, who confirmed the same to be of poppy husk heads due to the presence of morphine and meconic acid therein, vide his report Exhibit P.D.