NAZIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Nazir Singh is aggrieved by the judgment passed by the learned Additional Sessions Judge, Bhatinda, dated 3/02/1993. By virtue of the impugned judgment passed by the learned Additional Sessions Judge, Appeal filed by the petitioner against the judgment and order of sentence passed by the Judi cial Magistrate Ist Class, Mansa dated 8/06/1991, was dismissed.

(2.) The brief facts are that on 2/01/1994, ASI Bakhshish Singh accompanied by Head Constable Surjit Singh and two constables were patrol ling the area. When the Police was turning towards the village on the passage, the petitioner met them per chance. He was nervous which led to the suspi cion. On search of bag of the petitioner, 4 Kgs. of opium was recovered. 10 Grams of opium was taken as sample. The sample and the rest of the opium with Jhola were put into different parcels, which were sealed with the seal of A.S.I. The seal was handed over to H. C. Surjit Singh. Ruga was sent to the Police Station, on the basis of which formal F.I.R. was recorded. The Investigating Officer prepared the rough site plan. The sample and the rest of the opium was deposited in the Malkhana. On 4th Janu ary, 1984, the sample was sent to the Chemical Examiner. On receipt of the report that it was opium, Challan against the petitioner/accused was filed.

(3.) Both the Courts below held that the prosecu tion has successfully proved its case beyond all reasonable doubts. The petitioner was sentenced to undergo R. I. for 1 1/2 years, and a fine of Rs. 500.00. In default of payment of fine he was to undergo further R. I. for one month.