PURAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this revision the petitioner has challenged his conviction and sentence of rigours imprisonment for 1 1/2 years and a fine of Rs. 2,000/ -, in default further rigorous imprisonment for six months, under section 9 of the Opium Act.

(2.) ON 21st January, 1982, Sadhu Ram Assistant Sub -Inspector along with some other police officials held a nakabandi near village Ghore Chak in Ferozepur district. On 22nd January, 1982, at about 3 a.m. four persons were seen coming from the said of Indo -Pakistan border. They were carrying something on their heads. The petitioner was one of them. They were challenged at which one of them fired with a 12 bore gun and the other with Rs.303 rifle'. Sadhu Ram Assistant Sub -Inspector returned fire, at which all those persons started running back. Puran Singh petitioner was apprehended at a distance of 200 years and 10 kgs. of opium was recovered from him. A sample was taken and sent to the Chemical Examiner for chemical examination. According to the report of the Chemical Examiner, the sample contained morphine.

(3.) IN his statement under section 313 of the Code of Criminal Procedure, the petitionr denied all the prosecution allegations and pleaded false implication. According to him, he was taken away from his village and the opium was foisted on him. In defence, he examined Kashmir Singh Sarpanch DW1 and Niranjan Singh PW2. Both of them supported the version as given by the petitioner. PW 3 is Darshan Singh Constable.