BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALWINDER Singh son of Gurnam Singh resident of Village Sangley, Police Station Dharamkot, District Ferozepur has filed this revision petition against the impugned judgment dated 7.7.1990 passed by Sh.Beant Singh Bedi, the then Additional Sessions Judge, Ludhiana, vide which the appeal filed by the petitioner was dismissed. He was convicted under Section 9 of the Opium Act, 1878 (hereinafter referred to as 'the Act') by Sh.Jaspal Singh, the then Judicial Magistrate 1st Class, Jagraon vide impugned judgment dated 19.2.1990 and was sentenced to undergo rigorous imprisonment fore two years and to pay fine of Rs.2,500/ - and in default of payment of fine, to further undergo R.I. for six months.

(2.) BALWINDER Singh - petitioner along with three other persons, namely; Pal Singh, Nirmal Singh and Darshan Singh was tried for the offence punishable under Section 9 of the Act in case FIR No.265 dated 9.9.1984 registered at Police Station Sidhwan Bet. All the four of them were convicted under Section 9 of the Act and each of them was sentenced to undergo R.I. for two years and to pay Rs.2,500/ - as fine and in default of payment of fine, to further undergo R.I. for six months. They had filed appeal and Pal Singh, Nirmal Singh and Darshan Singh were acquitted as the case was not proved against them beyond every reasonable doubt. However, the conviction and sentence against the petitioner were maintained. Hence, this revision petition was filed.

(3.) AS stated above, the petitioner and Pal Singh, Nirmal Singh and Darshan Singh were convicted by the trial Court. However, the appellate Court maintained conviction and sentence order against Balwinder Singh - petitioner alone and acquitted Pal Singh, Nirmal Singh and Darshan Singh.