PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision is directed against the judgment dated 23-11-1995, passed by the Additional Sessions Judge, Mansa, whereby the conviction and sentence of the petitioner for an offence under S. 9 of the Opium Act, recorded by judgment dated 8-2-1992, by the Judicial Magistrate, Mansa, has been confirmed. The petitioner has been sentenced to undergo rigorous imprisonment for a period one year and to pay a fine of Rs. 200/-, and in default of payment of fine to undergo further rigorous imprisonment for two months.

(2.) The facts giving rise to this revision are that on 23-6-1985 at about 5.30 p.m. a police party, holding Nakabandi on Jawaharke Road, within the jurisdiction of Police Station, Mansa, sighted the petitioner carrying a gunny bag on his head. Suspicion having arisen, the petitioner was detained. On conducting search of the bag 10.5 kgs. of opium was recovered. A sample of 10 gms. was separated. On receipt of the report of the Chemical Examiner and after completing the investigation a charge-sheet under S. 9 of the Opium Act was filed against the petitioner.

(3.) In support of its case, the prosecution examined two witnesses i.e. ASI, Lal Singh as PW 1 and H. C. Magdur Singh as PW 2. In his examination under S. 313 of the Cr. P.C., the petitioner denied the allegations of the prosecution and pleaded his innocence and false 'implication. He examined two witnesses in his defence.