TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted under section 9 of the Opium Act and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine, petitioner was ordered to undergo further R.I. for two months on September 11, 1985 by Judicial Magistrate Ist Class, Moga. Appeal of the petitioner was dismissed by Sessions Judge, Faridkot on July 16, 1986.Hence this revision.

(2.) BRIEFLY stated the prosecution case is that the police party raided the house of the accused on the basis of secret information on Mary 20, 1983. The accused was apprehended and interrogated and he made a statement that he had kept concealed 15 bags of poppy husk in the fodder room towards the west and that he could get the same recovered and in pursuance of this statement,he got recovered 15 bags of poppy husk, each containing 40 kgs. of poppy husk from the specified place. 200 grams of poppy husk was separated as sample out of each bag and the remaining poppy husk was sealed separately. The samples were sent to the Chemical Examiner and were found to be poppy husk vide its report Ex. P.E.

(3.) THE prosecution case against the accused is proved from the statement of PW 3 Head Constable Gurmail Singh and PW-2 Constable Sarup Singh. There statements are not discrepant on any material particular of the case which shows the genuineness of their evidence. None of these witnesses had any axe to grind against the petitioner for his false implication. Merely because they are police officials is not sufficient to brush aside their evidence which could not be otherwise successfully shattered on any point whatsoever. The defence evidence of DW-1 Megha Singh, DW-2 Moharrir Head Constable Mohan Lal and DW-3 Malkiat Singh is not of much help to the petitioner. There is no difficulty for the petitioner to produce such like persons of his own choice. The case against the petitioner stands established beyond reasonable doubt.