BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been filed by the petitioner-Balwant Singh against the judgment dated 2.8.1990 passed by the Court of Additional Sessions Judge, Ludhiana, by which the petitioner was convicted for having committed offence punishable under Section 9 of the Opium Act and was sentenced accordingly.

(2.) THE facts of the case are that on 1.12.1984 ASI Satwant Singh of Police Station Sadar, Ludhiana along with other police officials was going towards Tajpur Road in connection with patrolling. When the police was at a distance of about 10 karams from the turning of kucha passage leading to village Bhamian, the accused-petitioner was seen coming from the said of village Tajpur. When the accused saw the police officials, he tried to slip away towards village Bhamily. On suspicion, the accused was apprehended by the police officials and his person was searched. One bag (jhola) was recovered from the possession of the accused, which was found containing opium wrapped in the glazed paper. It was weighed. It came out to be 1 kilogram. A sample of 10 gms of opium was taken out of it and was sealed in a parcel. The remaining opium was sealed in a separate parcel and both the parcels were taken into possession. The investigation was completed and the accused was sent up for trial.

(3.) THE accused was examined under Section 313 Cr.P.C. and he pleaded false implication.