NARAIN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) NARAIN Singh petitioner was separately tried in two cases one case under section 9 of the Opium Act and other under Section 61 of the Punjab Excise Act for possession of charas although the opium and the charas were recovered at one and the same time from one and the same truck (tin box). The petitioner was convicted and sentenced to rigorous imprisonment for one year in the opium case and in the Excise Act case the petitioner was sentenced to rigorous imprisonment for six months and a fine of Rs. 500, in default further rigorous imprisonment for three months, by the trial Court. Against his conviction under the Opium Act the petitioner has filed Criminal Revision No. 40 of 1984 while against his conviction under the Excise Act he has filed Criminal Revision No. 41 of 1984. Both these revisions would be disposed of by this order. After his conviction by the trial court in both the cases the petitioner filed separate appeals. Both were dismissed by the Sessions Judge, Bhiwani, vide his order dated 6th January, 1984.

(2.) ON receipt of secret information that the petitioner had gone to U.P. to bring opium and that he would get down at the bus stop of village Sirsa at about 7 p.m. on 26th September, 1979, Inspector Ram Bhaj along with some other police officials went to the bus stop of village Sirsa. He associated Ajit Singh Sarpanch of village Dang Khurd and Deep Chand member panchayat of the same village. When the party reached the bus stop of village Sirsa they found the box with a key. It was found that the box contained four packets of opium and seven packets of charas. The charas and opium were taken into possession by the police and a ruqa was sent to Police Station, Bhiwani. Samples were taken from the opium and the charas and were sent to the Chemical Examiner. According to the first report of the Chemical Examiner which is Exhibit PE, as far as the sample of opium is concerned it was opined that it was opium but no percentage of morphine was found in the same. As regards the sample of charas, it was found to be charas. However, the lower appellate Court sent another sample of opium for chemical examination, according to the report of the Chemical Examiner, 4.9 per cent morphine was found in the same. After due investigation the petitioner was sent up for trial.

(3.) IN his examination under section 313 of the Code of Criminal Procedure the petitioner pleaded false implication at the instance of Roop Chand Sarpanch against whom the petitioner fought election and after losing the same had filed an election petition which was pending. In defence the petitioner examined Panna Lal DW1 who stated that the petitioner had filed an election petition against Roop Chand and that the same was pending. DW2 Sube Singh stated that there was no bus stop at village Sirsa. However, he stated that the conductor could drop any passenger anywhere he liked. The petitioner also tendered in evidence Exhibit D2, a copy of the judgment of the High Court; Exhibit D3, a copy of the election petition filed by the petitioner against Roop Chand Sarpanch and Exhibit DX, the statement of Ajit Singh PW in another case where he had stated that he appeared in the opium and charas cases against Narain Singh petitioner since his signatures had been obtained by the police on some paper and nothing was recovered in his presence from the petitioner.