BAKSHI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision was filed by Bakshi Singh and Amar Singh who had been convicted under Section 9 of the Opium Act by Shri Balbir Singh, Sub Divisional Judicial Magistrate, Jagraon and were sentenced to three years RI and to pay a fine of Rs. 2,000/- each. Bakshi Singh and Amar Singh had filed appeal against that judgment which was dismissed by the Addl. Sessions Judge, Ludhiana on 12.10.1989. The present revision petition has been filed against that judgment.

(2.) THE case against the petitioners is that on the night intervening 8th and 9th October, 1983 Inspector Raj Kishan of CIA Staff, Ludhiana, SI Sant Singh, SHO, Jagraon, ASI Sant Kumar, Constable Hari Mitter and some other police officials were holding a Nakabandi at the point where the link road leading to Nanaksar bifurates from Jagraon-Moga highway. At about 2.15 A.M. a truck bearing No. PBM 3565 came from the side of Nanaksar which was intercepted by the police party. Major Singh son of Santa Singh was owner of the truck and Gurdip Singh son of Bakshi Singh was sitting on the tool-box of the truck. They jumped from the back side of the truck and made good their escape. Amar Singh accused was driver and Bakshi Singh was seated in the driver chamber behind the driver's seat. The truck was searched. Two bags containing opium were recovered from the took box underneath the seats of the driver Amar Singh and that of Bakshi Singh. In all 126 Kgs of opium was recovered. Amar Singh and Bakshi Singh were arrested at the spot whereas other persons were arrested on 15.7.1983 and thereafter were challaned for offence under Section 9 of the Opium Act after due investigation.

(3.) COUNSEL for the petitioners had argued that it was a false case and actually Major Singh and Gurdip Singh were the culprits who had been acquitted.