JAGMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner-accused was convicted under section 61(1)(a) of the Punjab Excise Act for having in his possession 3 KGs. of charas on April 5, 1985, at about 4.30 P.M. He has been held guilty for the said offence and was sentenced to undergo rigorous imprisonment for one year with a fine of Rs. 1,000/- in default to further undergo rigorous imprisonment for one year, which was modified in appeal by the Additional Sessions Judge and jail sentence was reduced to nine months.

(2.) SKELETAL facts are that on April 5, 1985, accused-petitioner alighted from a bus at Halwara and started moving towards the road in suspicious circumstances. ASI Piara Singh accompanied by other police officials on suspicion apprehended the accused, took his search and found that he was carrying 3 KGs. of Charas in a cotton bag, search and recovery was made, sample was drawn, contraband was sealed, ruqa Exhibit PB was sent, thereupon FIR Exhibit PB/1 was recorded, case property was deposited in Police Malkhana and later on sample was sent to the Chemical Examiner for analysis, who vide his report Exhibit PE confirmed that the sample contained Charas. On these facts accused-petitioner was prosecuted for the said offence. Prosecution examined ASI Piara Singh PW-1 and HC Jagdev Singh PW-2. It also tendered affidavits Exhibits PF and PG and the report of the Chemical Examiner Exhibit PE in evidence.

(3.) THE trial Court, finding the statements of the prosecution witnesses wholly credible and reliable, held the accused guilty of the said offence and sentenced him, as stated above. The appellate Court affirmed his conviction but modified the sentence.