BANT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition against judgment dated 24.2.1992 of the Court of Additional Sessions Judge, Barnala whereby appeal filed by petitioner -accused against judgment dated 17.11.1998 of Sub Divisional Judicial Magistrate, Barnala was dismissed. Vide that judgment of Sub Divisional Judicial Magistrate, Barnala petitioner was convicted for offence under Section 9 of the Opium Act, 1978 and was sentenced to undergo RI for one year and to pay fine of Rs.500/ -. In default of payment of fine to further undergo RI for two months.

(2.) PROSECUTION case against accused -petitioner is that on 26.1.1985, this Bant Singh petitioner was apprehended by the police party in the area of village Mangewal. At that time, petitioner was found carrying 3 kgs of opium wrapped in a glazed paper in his possession. Petitioner was arrested and then challaned. He was tried for offence under Section 9 of the Opium Act. Case was found to be proved against him and he was accordingly convicted and sentenced as aforesaid.

(3.) THE maximum imprisonment awarded was one year RI. The case was triable by the Court of Magistrate on the date the offence was committed.