LAWS(P&H)-1996-12-76

NIRMAL SINGH Vs. STATE OF PUNJAB

Decided On December 18, 1996
NIRMAL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) - Nirmal Singh, petitioner, was convicted under Section 9 of the Opium Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2000/- or in default of payment of fine, to undergo further rigorous imprisonment for six months by the Judicial Magistrate Ist Class, Patti, vide his judgment and order dated 25.11.1986. Appeal filed by the petitioner against his conviction and sentence was partly allowed by the learned Sessions Judge, Amritsar, on March 13, 1987, and his sentence of rigorous imprisonment was reduced to one and a half years but the sentence of fine was maintained. Hence this revision petition.

(2.) PROSECUTION story as unfolded by ASI Gursharan Singh (P.W. 2), briefly stated, is as under :-

(3.) THE prosecution to prove its case, examined Constable Malook Singh (PW 1) and ASI Gursharan Singh (PW 2), who corroborated the above version on its material details. The prosecution also tendered in evidence report, Ex. PE of the Chemical Examiner and affidavits, Ex. PF and PG, of formal witnesses.