RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 31.3.1993, rendered by the Court of Sessions Judge, Ambala, vide which it dismissed the appeal against the judgment of conviction and the order of sentence dated 12.08.1992, rendered by the Special Railway Magistrate (Haryana) Ambala Cantt. whereby, the accused was convicted and sentenced to undergo rigorous imprisonment for six months, and to pay a fine of Rs. 500/ -, in default to undergo simple imprisonment for one month, for the offence, punishable under Section 9 of the Opium Act (hereinafter referred to as 'the Act' only).

(2.) THE facts, in brief, are that on 31.08.1278, a police party headed by Arjun Singh, Head Constable, was present on patrol duty at Platform No. 3, Railway Station Ambala Cantt. The accused was spotted. On seeing the police party, he started walking briskly. He was stopped on suspicion. On search of the bag, being carried by him, one Kilogram opium was recovered. A sample of 20 grams of opium, was taken out of the same, and the remaining opium was kept in the same bag. The sample and the remaining opium were converted into two parcels, and the same were sealed with the seal being impression 'HSS' and taken into possession, vide recovery memo. The accused was arrested. The statements of the witnesses were recovered.

(3.) AFTER the completion of investigation, the challan was presented against the accused. On his appearance, in the trial Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Section 9 of the Act, was framed against the accused, to which he pleaded not guilty and claimed judicial trial. Prosecution, in support of its case, examined Gir Raj Singh, HC, (PW -1), Arjun Singh, HC, Investigating Officer, (PW -2), Bhawani Ram, ASI, (PW -3), Rawal Chand, independent witness, (PW -4) and Vishav Mitra, Constable, (PW5). Thereafter, the prosecution closed its evidence.