SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SURJIT Singh son of Surain Singh resident of village Mehar Khewa in the jurisdiction of Police Station Sadar Fazilka, District Ferozepur, has filed this revision petition against the impugned judgment dated July 5,1990, passed by Sh. Gurdev Singh, the then Additional Sessions Judge, Ferozepur, vide which the judgment and sentence order, both dated July 10,1989, passed by Shri Dharam Singh, the then Judicial Magistrate 1st Class, Fazilka, were upheld and he was convicted under Section 9 of the Opium Act, 1878 (hereinafter referred to as 'the Act') and was sentenced to undergo rigorous imprisonment for two and a half years (thirty months) and to pay fine of Rs.300/ - and in default of payment of fine to undergo further rigorous imprisonment for two months.

(2.) THE facts of the prosecution case are that on November 11,1984, Sub -Inspector Kanwarjit Singh alongwith Head Constable Roor Singh and other police officials was travelling in a government jeep for holding 'nakabandi' in the area of Village Mauzam. Head Constable Inder Singh and other Border Security Force Jawans met them on the way and they were joined in the party. Ultimately, 'Nakabandi' was made in the area of Village Mauzam. At about 2 in the morning, Surjit Singh (accused -petitioner) came from the side of Pakistan after having crossed river Sutlej. He was intercepted at the place of 'nakabandi'. He was found carrying a gunny bag on his head, which contained opium wrapped in a glazed paper. 10 grams opium was taken out as a sample. It was sealed into a parcel. The remaining bulk of the opium was weighed on the spot and was found 29 kilograms and 990 grams. It was separately sealed into a parcel by Sub -Inspector Kanwarjit Singh with the seal bearing impression of letters 'KSS'. The sample parcel and the parcel containing the bulk of opium were taken into possession vide recovery memo Exhibit P.A. Sample seal was prepared. The seal after use was given to Head Constable Inder Singh. From further search of the accused -petitioner, Rs.30/ - were recovered. These were separately taken into possession vide recovery memo Exhibit P.B. Ruqa (Exhibit P.C.) was sent, whereupon this case was registered in Police Station Sadar Fazilka. The case property was deposited in the 'Malkhana'. Thereafter, the sample was sent for analysis and vide report of the Chemical Examiner, it was found to be opium. Thereafter, the challan was put in against the accused -petitioner.

(3.) THE prosecution, at the trial, had examined five witnesses, namely, PW -1 Inspector Kanwarjit Singh, PW -2 Head Constable Roor Singh, PW -3 Constable Kartar Singh, PW -4 Constable Pala Singh and PW -5 Head Constable Mohinder Singh.