BAKSHI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried under Section 9 of the Opium Act, 1878 for recovery of 40 bags of poppy husk and was sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 1000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for two months, vide order of Judicial Magistrate Ist Class, Jalandhar, dated 25th October, 1985. Appeal filed by the petitioner against the order of conviction and sentence passed by the trial Magistrate was dismissed vide order of Additional Sessions Judge, Jalandhar dated 18th of September, 1986. Aggrieved against the orders of conviction and sentence passed by the courts below the petitioner has filed the present revision petition.

(2.) IN brief facts of the prosecution case are that on 16.1.1983, Inspector Sucha Singh of C.I.A. staff, Jalandhar, received a secret information against the present petitioner that he had kept concealed sufficient quantity of poppy husk in the Kup of Turi of Nirmal Singh in the area of village Chandpur. On the basis of the said secret information a case was registered at the Police Station. Thereafter ASI Udham Singh and police officials were joined in the police party which went to the place already disclosed in the secret information. At that time, the petitioner was seen taking out one gunny bag of poppy husk from the Kup of Turi. On seeing the police party he became panicky and leaving the said gunny bag he succeeded in running away from the spot and could (sic) containing 40 kgs of poppy husk including the bag which had been left by the petitioner near the spot were taken into possession through seizure memo after taking out 100 grams of poppy husk as sample from each gunny bag. The samples and the gunny bags were duly sealed and taken into possession through seizure memo. After completion of the investigation and on receipt of the report of the Assistant Chemical Examiner, Amritsar, the petitioner was challaned, tried, convicted and sentenced as stated earlier.

(3.) ACCORDING to ASI Udham Singh the petitioner was seen by the police party from a distance of 10 or 12 Karams. It is difficult to believe that from such a short distance the police could not apprehend the petitioner particularly when police party consisted of about 15 persons and the petitioner himself is aged about 40 years. On the other hand, according to Inspector Sucha Singh the petitioner was seen from a distance of 200 to 300 Karams. Thus there is material contradiction with regard to the distance from which the petitioner was seen.