DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In case F.I.R. No. 693, dated November 16, 1982, Police Station Jalalabad, District Ferozepur, Darshan Singh petitioner was convicted by the trial Court vide judgment and order, dated August 4, 1986, under section 9 of the Opium Act and was sentenced to undergo Rigorous Imprisonment for 1-1/2 years and to pay a fine of Rs. 1,000/- in default of payment of fine he was ordered to undergo further Rigorous Imprisonment for three months. The case property was ordered to be confiscated to the State after the expiry of the period of revision! appeal, if any. Darshan Singh challenged his conviction and sentence before the learned Additional Sessions Judge, Ferozepur, who affirmed the conviction but reduced the sentence of imprisonment from 1- 1/2 years to Rigorous Imprisonment for one year, keeping the fine of Rs. 1,000/- and fault clause intact vide his judgment, dated March 25, 1987.

(2.) By way of this Revision Petition, Darshan Singh has challenged the decision of both the Courts below regarding his conviction and sentence.

(3.) Brief facts of the case are that on November 16, 1982 S.L/S.H.O. Balkar Singh along with ASI Narotam Singh, ASI Samarth Singh, and other police officials was holding a nakabandi on the bridge of canal in the revenue estate of village Ladhuwala Uttar, for patrolling. On that date, when the police party reached the link road going from village Ladhuwala Uttar to Village Behal Wala, accused Darshan Singh was seen coming from katcha path in the fields towards the link road. On seeing the police party, he tried to turn back. On suspicion, accused was arrested. His search was conducted. From the jhola carried by the accused, opium wrapped in a polythene paper was recovered which on weighment was found to be 7 kgs. 10 grams out of the recovered opium was separated as sample. The sample and the remaining opium were turned into two separate sealed parcels with the seal bearing impression NS of ASI Narotam Singh and were taken into police possession vide Recovery Memo Exhibit PA. Specimen of the seal was kept separate and the seal after use was again handed over to ASI Narotam Singh. Ruqa Exhibit PC was sent to the Police Station, on the basis of which formal First Information Report Exhibit PC/I was recorded. Rough Site Plan Exhibit P0 of the place of recovery with correct marginal notes was prepared. Statements of the witnesses were recorded and on return to the Police Section, case property with seals intact was deposited with the Moharrir Head Constable. After completion of the investigation and on receipt of report Exhibit PE of Chemical Examiner, charge-sheet was framed against the accused.