BANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition filed by Bant Singh (here in after described as the petitioner). It is directed against the judgment and the order of sentence passed by the learned Judicial Magistrate. Nabha and the judgment of the learned Additional Sessions Judge Patiala dated 6-7-1987. The learned trial Court held the petitioner guilty of the offence punishable under Section 9 of the Opium Act and. sentenced him to undergo rigorous imprisonment for one year and a fine of Rs. 500/-. In default of payment of fine, he was to undergo further rigorous imprisonment for three months. The learned Additional Sessions Judge dismissed the appeal but reduced the sentence to six months rigorous imprisonment and a fine of Rs. 500/-. In default of payment of fine, he was to undergo further rigorous imprisonment for three months.

(2.) The relevant facts are that on 22-6-1985 H.C. Gurharinder Singh along with H.C. Mohinder Singh and C. Balbir Singh were going towards village Bhains Kamemajra for patrolling. They were all on their respective bicycles. They reached little short of the village. The petitioner was seen coming with a bag in his right hand. On seeing the police party, he tried to slip away. This aroused the suspicion in the mind of Gurharinder Singh. He stopped the petitioner. The search of the petitioner was effected. Before doing that Gurharinder Singh offered his own search to the petitioner. The bag of the petitioner was found to contain 4 kilograms of opium which was wrapped in a peace of cloth.

(3.) Two grams was taken as the representative sample. The sample and the rest of the opium were converted into two packets and placed into an empty box. They were sealed. Both the packets were taken into possession vide a recovery memo attested by the witnesses. Specimen impressions of the seal were prepared at the spot. The seal after use was handed over to H.C. Mohinder Singh. Ruqa was sent to the police station on the basis of which formal first information report was recorded. A site plan was prepared. The packets were deposited in the Malkhana. Subsequently, the representative sample was sent for chemical analysis. Report was received that contents were opium. This led to the filing of the challan against the petitioner.