JAIMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAIMAL Singh, petitioner and one Sukha Singh were convicted under Section 9 of the Opium Act, on June 4, 1985 by the Judicial Magistrate, Ist Class. Patiala. Petitioner and Sukha Singh filed appeals. Appeal of Sukha Singh was accepted but the appeal of petitioner was dismissed on June 5, 1986 by the Additional Sessions Judge. Hence, this Revision Petition.

(2.) IN brief, the prosecution story is as under :

(3.) WHEN examined under Section 313, Criminal Procedure Code, the petitioner denied the corrections of the prosecution allegations and pleaded of the himself to be innocent. Petitioner has stated that on the morning of July 7, 1980, Investigating Officer of this case, Jagdish Tandon, came to his residence at village Sanaur and asked him to send his car for 2/3 days but he told him that the driver of the car is not available. The Investigating Officer took him from his house to the Police Station and falsely implicated him in this case. He has further stated that he had Rs. 4000/- with him when he was taken to the police station and Investigating Officer took away Rs. 4000/- from him. He further stated that the Investigating officer had falsely involved him to save his own skin as he had misused his money of Rs. 4000/-.