PRITAM SINGH DALIP SINGH Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of three revision petitions Nos. 371 (by Bant Singh), 377 (by Pritam Singh and Nichhattar Singh), and 883 by (Sikandar Singh and sampuran Singh) of 1965, as they arise out of the same transaction and the same order dated 30th March, 1965, of Shri Murari Lal Puri, Sessions Judge, Ludhiana.

(2.) THE prosecution story, in brief, is that on 11th February, 1964, S. I. Babu Ram on receipt of secret information, organised a party consisting of himself, Udhe singh of village Sahnewal Khurd and Sarwan Singh of village Kot Gangu Rai, P. Ws. , and Sant Singh and held a Nakabandi near the railway crossing on the kohara Sahnewal road at about 6-30 p. m. After about fifteen minutes, truck No. PNA-4571 (Exhibit P. 20) driven by Pritam Singh petitioner came from the side of kohara. It was stopped by the Sub-Inspector and he recovered 19 bags (P. 1 to P. 19) containing poppy-husk from the truck. Sampuran Singh petitioner was sitting with the driver in the front seat, Sikandar Singh and Bant Singh were sitting on the bags in the body of the truck, while Nichhattar Singh was sitting in a corner of the truck. All these petitioners, it may be mentioned, belonged to village Sahnewal khurd. The Sub-Inspector took samples of 200 grams from each of the bags which were later on sent to the chemical examiner who found the same to be poppy-husk. The Sub-Inspector sent a ruqa (Exhibit PF) to the police station an the basis of which a case against the petitioners was registered under Section 9 of the opium Act.

(3.) ON the above facts the petitioners were sent up for trial before a Magistrate of the first class at Ludhiana, who on 23rd February, 1965, convicted all the petitioners under Section 9 of the Act and sentenced Pritam Singh to one year's rigorous imprisonment and a fine of Rs. 500/- or in default of the payment thereof to suffer further rigorous imprisonment for three months, Sikandar Singh and Bant singh to three months' rigorous imprisonment and a fine of Rs. 200/- each or in default of its payment to undergo one month's rigorous imprisonment, Nichhattar singh to rigorous imprisonment for two months with a fine of Rs. 50/- and in default of its payment to further rigorous imprisonment for 15 days, and sampuran Singh (who was an old man of 70 years) to imprisonment till the rising of the Court with a fine of Rs. 200/- and in default of the payment thereof to suffer rigorous imprisonment for two months. The Magistrate further directed the issuance of a notice to Pritam Singh why his truck (PNA. 4571) be not confiscated to the State. The petitioners went up in appeals which were dismissed by Shri Murari Lal Puri, Sessions Judge, Ludhiana, on 30th March, 1965. He, however, reduced the sentence of Pritam Singh only to three months' rigorous imprisonment and the fine to Rs. 200/- and also set aside the order of the Magistrate regarding confiscation of the truck of Pritam Singh. The petitioners are still aggrieved and have approached this Court in revision petitions.