AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is in respect of the judgment dated 20.8.1992 passed by Additional Sessions Judge, Barnala dismissing the appeal of the Ajmer Singh (hereinafter referred to as the petitioner) against the judgment dated 22.9.1989 passed by Judicial Magistrate Ist Class, Barnala convicting the petitioner under Section 9(a) of the Opium Act, 1878 and sentencing him to undergo rigorous imprisonment for 2-1/2 years and to pay fine of Rs. 2,500/-, in default of payment to fine to undergo further rigorous imprisonment for six months.

(2.) FACTUAL matrix of the case as unfolded by the prosecution during the trial, is that on 13.6.1985, Sudesh Kumar, Sub Inspector of Police Station Dhanaula accompanied by ASI Amar Singh and other police officials was present on the canal bridge in the area of village Harigarh in connection with investigation of a case. In the meantime, a truck bearing Reg. No. PUK-1461, driven by the petitioner came from the side of Sangrur. Baljinder Singh was sitting on his left side on the front seat of the truck. On seeing the police party, Baljinder Singh succeeded in running away, whereas, the petitioner was apprehended and on search of the truck, he was found in possession of 151 gunny bags, containing 45 kgs. poppy husk each and also 60 kgs. Opium, which was lying in the tool box. Out of the bag, a sample of 250 gms of poppy husk was drawn from each bag and the samples were sealed with the seal bearing impression 'SKS'. The contraband was taken into possession vide memo Ex. PA. The truck was also taken into possession vide memo Ex. PD. Ruqa Ex. PE was sent to the Police Station, on the basis of which First Information Report Ex. PE/1 was registered against the accused. It would also be pertinent to mention here that out of the opium recovered, a sample of 250 gms was drawn and was sealed with the same seal and it was taken into possession vide memo Ex. PB. A separate FIR was regarding the recovery of opium of Ex. PH/1 was registered in Police Station Dhanaula.

(3.) IN order to seek conviction of the petitioner, the prosecution examined Amar Singh ASI (PW-1) and Sudesh Kumar Inspector (PW-2) both the witnesses of the recovery. The accused in his statement made under Section 313 of the Code of Criminal Procedure denied all the incriminating circumstances appearing against him and pleaded his innocence and false implication in the case. He further took the stand that he came to Dhanaula on 11.6.1985 for transporting cattle in his truck. The police demanded his truck in 'begar' and on his refusal to oblige them, he was involved in this false case. In defence, the petitioner examined Ranjit Singh as DW-1.