NARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. nine months and fine of Rs. 500/ -, in default R.I. for four months under section 9 of the Opium Act by the learned Additional Chief Judicial Magistrate, Sangrur vide his order dated 9.11.1983. His conviction and sentence were upheld by the lower Appellate Court. The petitioner has come up on revision to this Court.

(2.) ON 13.1.1981, Dilbag Singh PW 2 along with HC Prem Sagar PW 1 and one Ram Lal was present in the area of village Jharan. They intercepted the petitioner and from his possession 2 kg. of opium was recovered. The sample was sent for chemical examination. According to the report of the Chemical Examiner, the same was found to be opium. Ram Lal, the solitary witness from the public was given up by the prosecution as having been won over by the petitioner. Consequently, the evidence consists of two official witnesses, namely Dilbag Singh ASI PW 2 and HC Prem Sagar PW 1.

(3.) IN his statement under section 313, Cr.P.C. the petitioner denied the recovery of opium from him and came out with the following versions : -