BHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The relevant facts of the prosecution case are that on 30-5-1982 S.I. Darshan Kumar accompanied by other police officials received a secret information against the present petitioner. A raid was conducted at the house of the petitioner. On seeing the police party the petitioner fled away from his house. The search of the house was conducted. Eleven bags of poppy husk were recovered. Each bag weighed 40 kgs. of poppy husk. 250 grams was taken as the sample from each bag. The sample and the rest of the poppy husk were converted into separate parcels and sealed with the seal of DK. The seal after use was given to Roshan Lal. All these articles were taken into possession vide recovery memo.

(2.) Ruqa was sent to the police station on the basis of which formal first information report was recorded. The said paokets were deposited in the Malkhana. Subsequently, representative samples were sent for the report of the Chemical Analyst. On receipt of the same that it was poppy husk challan under Section 173 of the Code of Criminal Procedure was filed.

(3.) The learned trial Court on appraisal of the evidence concluded that prosecution has proved its case beyond all reasonable doubts. The petitioner was sentenced to undergo rigorous imprisonment for two years and to pay a fine or Rs. 500/-. In default of payment of fine he was to undergo further rigorous imprisonment for six months. Aggrieved by the same he filed an appeal in the Court of Sessions. The learned Additional Sessions Judge, Jalandhar on 7-8-1987 rejected .the pleas of the petitioner and dismissed the appeal. However, the sentence was reduced to one year rigorous imprisonment. There was no interference pertaining to the fine imposed but in default of payment of fine, the petitioner was directed to undergo further rigorous imprisonment for three months; Hence, the present revision petition.