BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALKAR Singh and Jinder Singh, accused-petitioners (hereinafter referred to as the petitioner) had been arrested on the allegations that they were found in possession of 50 kilograms of opium. Consequently, they faced trial; convicted under Section 9 of the Opium Act (for short the Act) vide judgment dated 25.11.1991 passed by Chief Judicial Magistrate, Amritsar and were sentenced to undergo rigorous imprisonment for three years and pay a fine of Rs. 500/-, each, and in default of payment of fine, to undergo further rigorous imprisonment for three months. Appeal challenging the aforesaid judgment, preferred before the Additional Sessions Judge, Amritsar also failed.

(2.) BOTH the petitioners are hailing from village Naushehra Dhallan (adjacent to Indo-Pak border), in the district of Amritsar. On 17.3.1983 Sub Inspector Randhir Singh of Police Station Gharinda along with other police officials was present on the culvert of the drain in the area of Cheema Kalan. At about 2.30 a.m., Balkar Singh-accused while holding the reins of a mare and Jinder Singh while sitting over it, were coming from the side of Pakistan border. On seeing the police party, Balkar Singh-accused, as identified by Sub Inspector Randhir Singh, succeeded in escaping whereas, Jinder Singh-accused was arrested on the spot. On search of the gunny bag hanging over the mare, it was found containing 50 kilograms of opium, out of which, 50 grams of opium was taken out as sample. The sample and the remnant of opium were put in tin boxes, which were duly sealed with the seal bearing impression 'RS' and were taken into possession vide memo Ex PA. Ruqa Ex. PB was sent to the Police Station, upon which, FIR Ex. PB/1 was recorded; site plan Ex. PC was prepared and statements of the witnesses were recorded. The sample sent to the Chemical Examiner was found to be 'opium'. On completion of the investigation, the challan was presented.

(3.) ON commencement of the trial, the prosecution examined Sub Inspector Randhir Singh (PW-1), Head Constable Surinder Singh (PW-2) and Constable Dilbagh Singh (PW-3), besides tendering affidavit (Ex. PE) of Constable Dilbagh Singh and affidavit (Ex. PF) of MHC Pritam Singh.