BALDHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was convicted under Section 9 of the Opium Act, 1878 and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2 000/- and in default of payment of fine he was further ordered to undergo Rigorous Imprisonment for four months on 3-12-1985 by the Judicial Magistrate, Ist Class, Bhatinda. Appeal filed by the petitioner was partly allowed and the sentence of imprisonment was reduced from two years to one year and the sentence of fine was reduced from Rs. 2000/- to Rs. 1000/- and in default of payment of fine he was ordered to undergo RI for two months instead of RI for four months, by the Session, Judge, Bhatinda on 21-4-1986. Hence this revision petition.

(2.) THE prosecution case in nut-shell is as follows:

(3.) IN his statement under Section 313 Criminal Procedure Code the accused denied the allegations against him and pleaded that on 19-9-1982 he and one Nathu were arrested at the same time by the police that the opium was recovered from said Nathu; that he (accused Baldhir Singh) was called upon by the police to be a witness against said Nathu and that on his refusal he Baldhir Singh accused) on 19-9-1982 was detained by the Police till 20-9-1982 when this case was foisted on him. In his defence the accused examined Mahant Piara Dass DW1 Pritam Singh DW2 and Jarnail Singh Chowkidar DW3.