WAKIL CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision is directed against the judgment dated May 14, 1996, passed by the Additional Sessions Judge, Mansa, whereby the conviction and sentence of the petitioner for an offence under Section 9 of the Opium Act, recorded by the Judicial Magistrate, Mansa, by his judgment and order dated January 20, 1995, have been confirmed. The petitioner has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 250/-, and in default of payment of fine to undergo further simple imprisonment for one month.

(2.) The necessary facts for the disposal of this revision are that on July 7, 1985 S. I. Jarnail Singh of Police Station Boha, along with his other associates, was on patrolling duty. Near the drain bridge of village Ganda Khurd, the petitioner was sighted while coming from the opposite side having a bag in his left hand. On seeing the police party, he tried to slip towards the left but was over powered. On conducting the search of the bag, opium weighing 4 Kgs. was recovered. A sample weighing 20 gms. was separated. The sample as well as the remaining contents were converted into two separate parcels and sealed with the seal of 'JS'. Ruqa Exhibit PB was sent to the Police Station, on the basis of which formal FIR Exhibit PB/1 was recorded. Sample parcel was sent to the Chemical Examiner and the report Exhibit PD was received. After completing the investigation a charge-sheet was submitted to the Court.

(3.) A charge under Section 9 of the Opium Act was framed against the petitioner, which he denied and claimed trial. In support of its case, the prosecution examined 3 witnesses including Subeg Singh, Ex.-Sarpanch. In his statement recorded under Section 313 of the Code of Criminal Procedure, the petitioner denied the allegations of the prosecution and pleaded false implication. He examined 2 witnesses in his defence.