IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IQBAL Singh has filed this revision petition against the judgment dated 7.10.1986 rendered by Additional Sessions Judge, Amritsar, whereby his conviction and sentence for offence under Section 9 of the Opium Act were maintained.

(2.) THE prosecution case against the petitioner was that on 30.1.1993 Sub Inspector Surinder Kumar alongwith Harbhajan Singh ASI and other police officials was present on the bye pass G.T. Road Chheharta in connection with picket when the petitioner was seen coming on a motor cycle from the side of village Khasa. On seeing the police party he tried to retreat which aroused suspicion and he was apprehended. His personal search was conducted and from the back side of the motor cycle one gunny bag was recovered which contained opium, wrapped in glazed paper, 50 grams of opium was separated as sample and the remaining opium was found to be 19 kilograms 950 grams. The sample and the rest of the opium were sealed into two parcels and were seized vide recovery memo Ex. PA. On further personal search of the petitioner one. 12 bore pistol and five gold biscuits each weighing about 10 tolas were recovered from his possession. Two separate cases were got registered against the petitioner one under the Arms Act and the other under the Opium Act. Sample was got chemically examined and on completion of the investigation challan was presented in Court. The petitioner was charged for an offence under Section 9 of the Opium Act to which he pleaded not guilty. His contention was that he was falsely involved in the case after he was taken into custody in the presence of Gurdial Singh and Massa Singh, residents of village Khurmania.

(3.) I have heard the counsel for the parties and have gone through the record.