STATE OF PUNJAB Vs. RAM LAL

JUDGEMENT

(1.) FOR having been found in possession of 15 kgs. of opium, Ram Lal accused was challaned and sent up to take his trial under section 9 of the opium Act.

(2.) IT is the common ground of the parties that the sample of the opium sent to the Chemical Examiner for analysis during the investigation of the case was found to be opium. Subsequently, another sample was sent to the Director, Central Forensic Science Laboratory, Calcutta who declared the same to be containing morphine but not meconic acid. The trial magistrate found a prima facie case against the petitioner and accordingly charged him for the offence under section 9(i)(a) of the Opium Act, Feeling aggrieved, the accused went up in revision and the learned Additional Sessions Judge, Barnala, vide his order dated February 22, 1983 relying on the dictum in Inder Singh v. The State of Punjab 1981 CLR 114 observed that though morphine was found in the sample, the Director having nowhere indicated that it also contained meconic acid, the sample cannot be termed as opium so as to make out a prima facie case for charge being framed against the accused and allowed the revision petition and while setting aside the order passed by the trial court discharged the accused. Feeling dissatisfied, the State of Punjab has now come up in revision.

(3.) THE point involved in this revision stands concluded by a Division Bench decision of this Court in Inder Singh's case (supra) wherein it has been observed in the following terms : -