HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -petitioner has filed this revision against the dismissal of his appeal by the Additional Sessions Judge, Ludhiana, affirming his conviction and sentence awarded by the trial Magistrate for an offence under Section 9 of the Opium Act.

(2.) TO put pithily, the prosecution case was that on the morning of October 30, 1983, screening of Engine Shed area was planned by the local police. Inspector Amrik Singh S.H.O. Police Station Division No. 5, Ludhiana, accompanied by Rakesh Kumar, Manjit Singh and Paramjit Singh, being one of the parties in this operation, proceeded towards Mohalla Engine Shed. At about 7.30 A.M. when they reached near the park, they found accused coming from opposite direction with a tin container on his head. On suspicion he was apprehended and on search being taken, he was found carrying 15 Kgs. of opium. Accused was arrested. Opium was duly seized from him. Sample was drawn therefrom. Sample as well as the reminder of the contraband were duly sealed. After completing the usual investigation, the case property was deposited with Moharrar Head Constable in the Malkhana of the Police station. On 29.11.1983 the sample was brought by Constable Ravinder Singh to the Chemical Examiner, who, on analysis, found that it contained morphine to the extent of 6.61 per cent.

(3.) DURING trial Inspector Amrik Singh PW-2, Constable Manjit Singh PW-1 and MHC Gurnam Singh PW-3 were examined. Report of the Chemical Examiner Exhibit PD and affidavit of Constable Ravinder Singh Exhibit PE were tendered in evidence.