MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is aggrieved by his conviction under Section 9 of the Opium Act, for which he has been sentenced to undergo RI for one year and to pay fine of Rs. 500/-, in default, to undergo further RI for two months, for his allegedly having been found in possession of 4 kgs. and 30 gms. of Opium without any permit.

(2.) CASE of the prosecution is that on 25.10.1982, SI Krishan Kumar PW3 of Police Station Division No. 2, Ludhiana alongwith Constable Jaspal Singh PW1 and Constable Subhash Chander PW2 was on his way from Islam Ganj to Bagh Sufian. At 5 PM, the police party reached near the first block of Public Lavatories and saw the accused coming from the side of Bagh Sufian with a bag. On seeing the police party, he tried to conceal himself and on suspicion, he was over-powered. On search of the bag, he was found carrying Opium wrapped in a glazed paper. A sample was taken in an empty match-box which was made into a parcel and the remaining Opium was separately put in a parcel. After complying with the necessary legal requirements and after receiving the report of the Chemical examiner that the sample carried 4.8% morphine, the accused was sent up for trial.

(3.) THE prosecution examined HC Jaspal Singh PW1, Constable Subhash Chander PW2 and SI Krishan Kumar PW3. The accused denied the prosecution allegations. He examined Gopal Singh DW1 to the effect that the accused was arrested in his presence from Sathi Hotel, Gill Road, Ludhaina where the police party asked him to pay the bill of the hotel and on his refusal, he was forcibly taken away on a motor-cycle and falsely implicated.