JAGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED -petitioner has filed this criminal revision assailing his conviction under Section 9 of the Opium Act, whereby he is sentenced to undergo rigorous imprisonment for six months with a fine of Rs. 200/-; in default to further undergo rigorous imprisonment for one month.

(2.) ADUMBRATED facts of the case are that on 30.12.1982 Gian Singh Assistant Sub Inspector accompanied by Hari Singh, Head Constable, Avtar Singh, Balwant Singh and Pirthi Singh constables was going towards village Rohti. They saw accused coming from the opposite side. On seeing the police party as he sat down on the pretext of urination, this aroused suspicion, resultantly he was apprehended. On personal search being taken, it was found that he was carrying one kg. of opium in a bag. This opium was seized. 10 gram of opium was separated as sample. The sample and the remainder were duly sealed with seals bearing letters 'GS'. After use seal was handed over to constable Avtar Singh. Usual investigation was completed on the spot; ruqa was sent; FIR was registered. After completing the investigation, the sealed property was kept in police Malkhana which was sent for Chemical examination in due course of time. The expert opined that sample was of opium. On these facts, accused was charge-sheeted.

(3.) THE trial court scanned the evidence minutely and finding the prosecution evidence cogent and reliable holding the accused guilty of the said offence sentenced him accordingly. Accused preferred appeal which was dismissed.