(1.) -The petitioner Bheem Sam stands convicted for an offence under section 9 of the Opium Act and sentenced to one years rigorous imprisonment and a fine of Rs. 500/- in respect thereof.
(2.) The case against the petitioner is that on July 4, 1981, he was found in possession of 81/2 kgs. of opium.
(3.) According to PW. 1 Harnek Singh, In-charge of police Station Kotwali, Ludhiana, on that date, i.e. 4-7-1981, he along with S.I. Harbans Singh and other constables was out on patrol in a jeep, when on reaching near Raikhy Cinema Chowk, Arjan Singh joined them. Later, when they reached near Bus Stand at about 5.00 P.M., Bheem Sam, who was there, tried to slip away seeing the police party. On suspicion being aroused, he was apprehended and on search, was found to be carrying a Jhola which contained 81/2 Kgs. Of opium. A sample of 10 gms. was separately taken and sealed which was later sent for chemical examination while the remaining opium was dispatched to the Police Station, where a ruqa Exhibit P.B. was also sent for the registration of the case. The report of the Chemical Examiner, Exhibit P.E. confirmed that the article recovered, was indeed opium.