PARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Parminder Singh petitioner was tried for an offence under Section 9 of the Opium Act and was held guilty by Judicial Magistrate 1st Class, Jalandhar vide his judgment dated 5.6.1986. He was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/-. The petitioners appeal against the judgment of the trial Magistrate was partly accepted and though his conviction was maintained, the sentence of imprisonment was reduced to one year. Against the judgment of the Appellate Court, the present revision petition has been filed.

(2.) The prosecution case against the petitioner was that on 18.7.1993 Jarnail Singh, Assistant SubInspector received secret information against the petitioner when he was present at busstand, Dosanjh Khurd and raided the house of the petitioner situated in village Aniheer. The petitioner was apprehended and interrogated when he suffered a disclosure statement to the effect that he had kept concealed 23 bags of poppy heads in his residential house under heap of reeds. His disclosure statement was reduced into writing and in the presence of the police officials the petitioner got recovered 23 bags of poppy heads. Sample of 250 grams of poppy heads was separated from each bag and the sample and the bags were sealed with the seal bearing impression JS and were taken into possession vide a recovery memo. Case was got registered against the petitioner and samples were got chemically analysed. After completion of the investigation challan was presented in Court which led to the conviction of the petitioner as referred above.

(3.) The prosecution case rested on the testimony of ASI Jarnail Singh P.W. 1 and AS I Was san Singh P.W. 2. Affidavits of formal witnesses and report of the Chemical Examiner were also tendered in evidence.