HARDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR having been found in possession of a massive haul of 10 Kgs. of opium, the petitioner was charged under Section 9 of the Opium Act before the Judicial Magistrate 1st Class, Patti. Finding him guilty thereunder, he was convicted and a deterrent sentence of two years rigorous imprisonment and a fine of Rs. 2,000/- was imposed on him. On appeal, the learned Additional Sessions Judge. Amritsar, in an exhaustive judgment, has upheld his conviction and sentence. Hence the revision.

(2.) IT is alleged that Sub-Inspector Sardul Singh of Police Station, Valtoha alongwith Tarsem Singh, Assistant Sub-Inspector and other officials went from village Amarkot towards Mehmoodpura, in connection with patrolling in a Government jeep. On the way, when the police party was on the culvert of Rajpura, the petitioner came from the Northern side while carrying a small gunny bag on his head. When he tried to slip away on seeing the police party on suspicion he was stopped and as a result of his personal search, 10 Kgs. of opium wrapped in a glazed paper lying in gunny bag was recovered. After completing the formalities, the sample of the recovered contraband was sent to the Chemical Examiner who found the same to be opium.

(3.) THE salient feature of the case is that admittedly the prosecution witnesses have not the least aminus against the petitioner. Equally, there appears to be not a hint of explanation on the side of the petitioner as to why he was falsely implicated apart from his bald statement that this was a false case.