SHIDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHIDA , petitioner was convicted under Section 9 of the Opium Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- or in default of payment of fine to undergo further rigorous imprisonment for a period of three months, on 15.5.1986, by Judicial Magistrate Ist Class, Dasuya. Appeal filed by the petitioner was dismissed by the Sessions Judge, Hoshiarpur, on September 10, 1986. Hence, this revision petition.

(2.) IN brief, the prosecution case is as fellows:- On 6.3.1984 Joginder Singh ASI along with Jagdish Singh ASI, Inderjit Singh HC and some constables and Ujagar Singh Lambardar was going towards village Mian in a Government Jeep in connection with patrolling. When the police party reached near the road leading to village Gilzian, Shida petitioner was seen coming from the side of that village. He was apprehended on suspicion and his person was searched. On personal search of the petitioner, opium weighing 5 Kilograms was recovered from the bag which he was having on his left shoulder. 10 grams of opium was separated as sample. The sample so separated and the remaining opium were separately sealed into two parcels and taken into possession vide recovery memo Ex. P.A. A case under Section 9 of the Opium Act was got registered against the petitioner in the Police Station. The sample was sent to the Chemical Examiner, who vide his report Ex.PD opined that the sample contained opium.

(3.) AFTER recording the prosecution evidence, the learned trial court examined the petitioner under Section 313 of the Code of Criminal Procedure in order to enable him to explain the circumstances appearing against him in the prosecution evidence. However, the allegations of the prosecution were denied and false implication was pleaded.