BALAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Balam Singh was convicted by the Judicial Magistrate First Class, Mansa under section 9 of the Opium Act and was sentenced to 1 -1/2 years Rigorous Imprisonment and fine of Rs. 2,000/. In default of payment of fine, the petitioner was ordered to undergo further Rigorous Imprisonment for three months. In appeal, the learned Sessions Judge, Bhatinda maintained the conviction of the petitioner under section 9 of the Opium Act, but reduced the sentence of imprisonment from years to nine months Rigorous Imprisonment. The sentence of fine was also reduced from Rs. 2,000/ - to Rs. 1,000/ -. In default of payment of this fine, the petitioner was ordered to undergo further Rigorous Imprisonment for three months. The present Revision Petition was filed with a view to impugn the verdict of the Sessions Judge.

(2.) AT the time of Motion hearing of this Revision Petition, notice was issued only in regard to sentence because of the submission made by the learned counsel that the petitioner had been suffering from tuberculosis of the lungs. The report of the Probation Officer concerned was also requestioned.

(3.) IN so far as the conviction of the petitioner under section 9 of the Opium Act is concerned, the recovery of 10 Kgs. of opium from his possession on July 30, 1980, has been fully substantiated by the testimony of Constable Nachhattar Singh (P.W. 1), Constable Malkiat Singh (P.W. 2) and Assistant Sub Inspector Devinder Sharma (P.W. 3). The evidence of these witnesses is free from any discrepancy or contradiction and has, therefore, been relied upon by the Courts below. The conviction of the petitioner under section 9 of the Opium Act is, therefore, affirmed.