AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Police holding a picket on 5th December, 1976 on a State road, stopped at about 2 A.M. Car No. PUK 6797 driven by Ajaib Singh petitioner. On the rear seat was sitting his co -accused Rakesh Paul. They found on the latter's lap a gunny bag covered by blanket. When opened, it was found to contain two bags containing 10 kilograms of opium each. On these allegations, both Ajaib Singh and his co -accused Rakesh Paul were tried, and convicted for offence under section 9 of the Opium Act. Both were sentenced to 18 months rigorous imprisonment each and a fine of Rs. 1,000/ - in default of which each six months' R.I. Their conviction and sentence having been affirmed by the appellate Court, they filed the present revision petition. Petition of Rakesh Paul was dismissed in limine by the Motion Bench and notice was issued with regard to Ajaib Singh only.

(2.) THE only point to be considered in this petition is whether Ajaib Singh petitioner could be imputed knowledge of the fact that Rakesh Paul was carrying opium and as such he be attributed joint possession of the same. The Courts below have pronounced against him on the sole ground that since he was driving the Car in the dead of night and Rakesh Paul had not kept the gunny bag in the boot of the car and rather in his lap, that itself was a circumstance which would have aroused suspicion in the mind of Ajaib Singh regarding the nature of the contents of the gunny bag. It seems to me that the test propounded by the Courts below is by no means conclusive. When the Car had plenty of room and could be used for keeping luggage in the space meant for passengers, no such doubt was likely be cast on Ajaib Singh driver as to why the luggage had not been kept in the boot of the Car. He may have become suspicious and equally may have not become suspicious. In either event, it could not be said that he was consciously in joint possession of the opium recovered from Rakesh Paul, unless the prosecution could establish that he had direct knowledge of the contents of the gunny bag when the Car was intercepted.

(3.) IN this view of the matter, this petition succeeds. Ajaib Singh petitioner is acquitted of the charge. Fine, if paid, to be refunded to him. Petition allowed.