MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted under Section 9(a) of the Opium Act for keeping in his possession 1 Kilogram and 750 Grams of opium and sentenced to undergo rigorous imprisonment for 11/2 years and to pay a fine of Rs. 1,0001-, in default of payment of fine to undergo further rigorous imprisonment for four months, by the Judicial Magistrate 1st Class, Malerkotla, vide his judgment and order dated 5th April, 1982. On appeal his conviction was upheld and sentence of imprisonment was reduced to one year and sentence of fine with its default clause was maintained by the learned Additional Sessions Judge, Sangrur vide his judgment dated 13th December, 1982. Hence this revision against his conviction and sentence.

(2.) The prosecution case as set up at the trial was that on the between night February, and 1980 1st March, 1980 A.S.T. Malkiat Singh (P. W. 3) along with Head Constable Jagjiwan Singh (P.W 2) and some other Constables were returning to village Kanganwal from the canal bridge KaoganwaJ. At about 2A M. when they had covered a distance of about one furlong from the said bridge, the petitioner was noticed coming from the opposite side. Since his movements appealed to be suspicious, he was apprehended and on his personal search opium weighing 1 kilogram and 750 grams was recovered from his possessive (Para 4) A S.l. Malkiat Singh (P. W. 3). A sample weighing 50 grams was separated from the whole lot The sample and the remaining opium had been sealed by A S. I. Malki3t Singh (P. W. 3). The sample was got analysed from the Public Analyst, who vide his report (Exhibit PE) found it to be opium A case was registered against the petitioner at Police Station Dehlon.

(3.) At the trial he petitioner denied the prosecution allegation and pleaded false implication His version is as follows On the night between 27th and 28th February, 1890 Baldev Singh was murdered in the Civil Hospital Mandi Ahmedgarh. My son Nirmal Singh was suspected for that murder. The police came- to our village on 28th February, 1980 at about 7/8 P.M. and took me and my uncle Ujjagar Singh to the Police Station in the presence of Kirpal Singh Sarpanch and Labh Singh Panch. I was interrogated with respect to the whereabouts of Nirmal Singh and was beaten mercile sky. I did not know the whereabouts of Nirmal Singh. On 29th February, 1980 also the police beat me during interrogation. I suffered injuries. I told the police that I will file a complaint against them. On account of this I was falsely implicated in this case on 1st March, 1980. The police obtained remand for four five days. Owing to fear I could not Bay anything at out my beating in the Court also. Later on my SOD Nirmal Singh was greased in that case, tried and acquitted. Nothing wli8 recovered from me and a false case has been registered against me. He also produced in defence Kirpal Singh. Sarpanch of village Mehrna Kalan (D.W. 2); Ujagar Singh (D.W. 3); Han Singh (D.W. 4) and A.M.H.C. Harbans Singh (D.W. 1). He himself appeared in the witness-box as D.W. 5.