ZORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Though the legal point involved in the present petition is small, but its effect is far-reaching of the point involved in the present criminal revision. It daily confronts the subordinate Courts and it has also been seen that on account of the non-observance of the point involved in the present revision, several cases of the prosecution fall on the ground. Though it is not the function of this Court to ask the prosecution to put its own house in order, yet some guidelines are supposed to be given to the subordinate Courts as to how they should admit the statements of formal witnesses, whose statements are being tendered by the prosecution on affidavits.

(2.) ZORA Singh son of Gurdial Singh son of Harnam Singh, resident of village Bhullarheri, Police Station Dhuri, has filed the present criminal revision and it has been directed against the judgment dated 3rd July, 1987 passed by the Court of Additional Sessions Judge, Sangrur, who upheld the conviction order passed by the trial Magistrate and dismissed the appeal of Zora Singh.

(3.) LEARNED Magistrate believed the prosecution version and rejecting the defence story, he convicted the petitioner under Section 9 of the Opium Act and ordered him to undergo rigorous imprisonment for two years. The petitioner was further ordered to pay a fine of Rs. 1,100/-. In default of payment of fine, the petitioner was ordered to undergo further rigorous imprisonment for nine months. Not satisfied with the judgment and order of the trial Magistrate dated 14th October, 1985, the petitioner filed appeal in the Court of Additional Sessions Judge, Sangrur, who dismissed the appeal vide judgment dated 3rd July, 1987. Aggrieved by the said judgment, the petitioner has filed the present revision against his conviction and sentence.