SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The learned Judicial Magistrate 1st Class, Amritsar held the petitioner guilty of the offence punishable under Section 9 of the Opium Act, The petitioner was sentenced to undergo Rigorous Imprisonment for 2-1/2 years and to pay a fine of Rs. 1,000/- In default of payment of fine, he was directed to undergo further rigorous imprisonment for three months. Aggrieved by the said judgment and order of sentence passed by the trial Court the petitioner preferred an appeal in the Court of Sessions. Learned AddI. Sessions Judge. Amritsar on 14-5-1987 dismissed the appeal. Hence the present revision petition.

(2.) The relevant facts are that on 9-3-1983, a nakabandi was held on Majitha Road by-pass in the area of Ganda Singhwala by Sub Inspector Kartar Singh. He was assisted by ASI Harbans Singh and other police officials. There were certain members of the detective staff with Sub Inspector Kartar Singh. At about 6.00 A.M. the petitioner was seen coming from the side of Milk Plant Verka. On seeing the police party, he tried to retreat his steps. This aroused suspicion in the mind of Sub Inspector Kartar Singh. The petitioner was apprehended. The person of the petitioner was searched. 10 Kilograms opium wrapped in a glazed paper was recovered. The same had been placed in a gunny bag flung over the shoulder of the petitioner. Sub Inspector Kartar Singh took a sample of 10 grams opium. The sample and rest of the opium were converted into two separate parcels. Both the packets were sealed and taken into possession. Vide recovery memo, ruqa was sent to the Police Station on basis of which formal First Information Report was registered. Subsequently, sample was sent for chemical analysis. On receipt of the report that it was opium, the challan under Section 173 of the Code of Criminal Procedure was submitted against the petitioner.

(3.) The defence of the petitioner put forward in his statement under Section 313 of the Criminal Procedure Code was that he has falsely been implicated. His contention was that he had a quarrel with the police in Azad Hotel near Amritsar bus-stand. As a result of that he has falsely been implicated.