GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted for the offence under section 9 of the Opium Act and sentenced to 1-1/2 years rigorous imprisonment by the learned Additional Chief Judicial Magistrate, Patiala. On appeal, big conviction and sentence were upheld by the learned Sessions Judge, Patiala. He has challenged his conviction and sentence by way of this petition.

(2.) IT is alleged the petitioner was apprehended on 26th March, 1979 at about 6 a.m. near Octroi Post, Patiala, by P.W. 1. Dharam Singh ASI and P.W. 2, Harminder Singh Head. Constable. The petitioner had come on a motorcycle from the side of Devigarh when he was apprehended and on his search opium wrapped in a glazed paper was recovered from the iron basket. 10 grams of opium was separated from 6 KGs and 300 Grams, as sample. The sample and the remaining opium were made into separate parcels, which were scaled, and the scat after use was given to Assa Singh P.W. The sample was found to be opium on chemical analysis, A case was registered against the petitioner in police station Kotwali.

(3.) THE prosecution case rests on the testimony of PW. 1 Dharam Singh ASI and PW2 Harminder Singh. Assa Singh, an independent witness, was given up by the prosecution as having been won over. Much reliance cannot he placed on the testimony of PW-1 Dharam Singh ASI and PW-2 Harminder Singh. They have been disbelieved by the learned trial Court in another case of the same day arising out of F.I.R. No. 145 dated 26th March, 1979, against the petitioner and in that case it was alleged by PW-1 Dharam Singh A31 that 10 KGs of opium was recovered in pursuance of the disclosure statement made by the present petitioner, and the learned trial Court had appointed a Local Commissioner to go to the place near the taps in the graveyard, from where the recovery was alleged to have been effected, but the Local Commissioner did not find any taps there.