RAVEL SINGH Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) Ravel Singh petitioner has come up in this Court to challenge his conviction and sentence under Section 9 of the Opium Act through this revision petition. The learned trial Magistrate imposed a sentence of one year rigorous imprisonment and a fine of Rs. 1000/-, and in default of payment of fine to further undergo rigorous imprisonment for a period of three months. The lower appellate Court confirmed the aforesaid conviction but reduced the sentence of imprisonment to 9 months white maintaining the fine.

(2.) Briefly the facts are that on 13th February, 1981, S.I. Subhash Chander Abrol along with other police officials was present at Dhanas bridge for the purpose of patrol duty. One Gurcharan Singh and Shankar Singh and Amarjit Singh were also with them. They saw the petitioner carrying a bag in his right hand coming from Chandigarh side and on seeing the police party, the petitioner tried to slip away. He was apprehended and on search, 8 kg. of opium wrapped in a polythene paper was recovered from the said bag. The Sub Inspector took sample out of the same and sealed while the remaining opium was sealed in a separate parcel. The seal, after use, according to the prosecution, was handed over to Shri Gurcharan Singh P.W. As the petitioner could not produce any permit or licence for the possession of this contraband article, first information report was got recorded and the sample was sent to the Chemical Examiner and on his report, the petitioner was challenged.

(3.) After framing the charge, the prosecution examined P.W. 1 Sat Paul constable, P.W. 2 Amarjit Singh son of Dharam Singh, P.W. 3 Bhagwan Dass Inspector, P.W. 4 A.S.I. Mohinder Singh, P.W. 5 Gurcharan Singh son of Shankar Singh and P.W. 6 Subhash Chander Inspector. P.W. Harcharan Singh, A.S.I. was given up as unnecessary and after tendering into evidence the affidavits of constable Satpal, Nafe Singh, H.C.M.M., Kaur Singh, Laboratory Technician, Primary Health Centre as Exhibits PA, PB and PF respectively and the report of the Chemical Examiner, Exhibit PE, the prosecution closed its case.