SALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Petitioner was tried, convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 2,000 in default further rigorous imprisonment for six months, under section 9 of the Opium Act by the trial Magistrate. An appeal was carried to the Court of Sessions where it failed substantially inasmuch as the sentence of imprisonment was reduced from two years to one and a half years. The petitioner came up in revision. The same was admitted by B.S. Yadav, J., vide his order dated 4th May, 1984.

(2.) ON 2nd October, 1980 Sub-Inspector Gurdev Singh PW 1 while on petrol duty apprehended the petitioner and recovered 35 kg of opium from his possession. Out of that 250 gm. was taken as sample and sent for analysis to the Chemical Examiner who found the same to be opium.

(3.) THE petitioner in his statement under section 313 of the Code of Criminal Procedure denied the prosecution allegations.