RATTAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -accused was convicted by trial Court for an offence under Section 9 of the Opium Act (in short the 'Act') for possessing 10 Kgs of opium and was sentenced to undergo rigorous imprisonment for 2 -1/2 years besides payment of fine of Rs. 800/ - or in default thereof further suffer rigorous imprisonment for three months.

(2.) APPEAL filed by the petitioner was partly allowed and sentence of imprisonment was reduced from 2 -1/2 years to 1 -1/2 years and sentence of fine was reduced from Rs. 800/ - to Rs. 500/ - and in default to further undergo rigorous imprisonment for three months by the learned Sessions Judge, Amritsar on 5.5.1986. Hence, this revision petition. Brief resume of the facts relevant for disposal of this revision petition is that on 9.11.1981 Inspector Harjit Singh along with Head Constable Darshan Singh and two Constables of Police Station Sadar Amritsar while on patrol duty happened to accost the petitioner -accused in the area of Fatehgarh Churian in the revenue estate of village Gumtala. Brahm Singh witness was also joined during investigation. On seeing the police party, the accused tried to feign urination which resulted in his apprehension and search. He was found carrying 10 kgs of opium wrapped in a glazed paper kept in a satchel. A sample of 50 grams was separated from the bulk of opium. The sample as well as remainder were sealed separately. The seized contraband was deposited in the Malkhana of the police Station and subsequently it was sent to the Chemical Examiner for examination. The Chemical Examiner vide his report Exhibit PD found that it contained opium. After completion of investigation, the accused was arraigned for such allegations.

(3.) DURING the trial prosecution examined Inspector Harjit Singh and Head Constable Darshan Singh besides tendering formal evidence of the Moharrir Head Constable Gian Singh and Constable Manohar Lal on affidavits Exhibits PE and PF respectively. Brahm Singh PW was given up by the prosecution on the pretext of having been won over by the accused. The defence plea was of false implication as according to him his house was searched by the Inspector Harjit Singh on 7.11.1981 in his absence and his son Ramesh Kumar was kept under detention by the Police Station Sadar Amritsar. On apprehension of false implication in some excise/opium case, he submitted an application under Section 438 of the Code of Criminal Procedure before the Sessions Judge on 9.11.1981. The Station House Officer, Police Station Sadar was noticed on 9.11.1981, whereupon Harjit Singh felt aggrieved and arrested him on 9.11.1981 in this false case. He examined Bharat Bhushan Bhandari as DW -1 and Shri Sarabjit Singh, Advocate as DW -2 in defence. The trial Court, however, believing the ocular evidence of Inspector Harjit Singh and Head Constable Darshan Singh convicted and sentenced the petitioner as referred to above. The defence plea was discarded. These findings of the trial Court were affirmed by the appellate court.