DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) REVISION -petitioner-Darshan Singh faced trial before the Judicial Magistrate Ist Class, Panipat, in case FIR No. 210/3 of 1982 (F.I.R. No. 69 dated 21.1.1982-Police Station City Panipat) under section 9 of the Opium Act. He was accordingly convicted and sentenced to undergo rigorous imprisonment for nine months, to pay a fine of Rs. 600/- and in default to further undergo imprisonment for one and half months. Aggrieved by the same, accused Darshan Singh filed criminal appeal No. 37 of 1986 and the learned Sessions Judge, Karnal, after hearing the parties dismissed the same by his judgment dated 7.1.1987. Accused-Darshan Singh has, therefore, filed this criminal revision.

(2.) THE case of the prosecution is as follows : Kashmiri Lal (PW-3) and other police officials were investigating another case against accused Darshan Singh. During the course of that investigation accused-Darshan Singh made a disclosure statement (Ex.PA) and led the police officials to the recovery of 3 Kgs. of opium from the kitchen of his house. Out of this 10 grams of opium was taken as sample. The same and the remaining opium were separately sealed and taken into possession as per recovery memo EX.PB in which Harbans Lal ASI, and Rajinder Singh PW-4, the alleged independent witness, attested. On this intimation-Ex.PC was sent to the Police Station on the basis of which the formal FIR Ex. PC/1 was recorded. After receipt of the Chemical Examiner's report (Ex.PE) the charge-sheet was filed, and the accused was tried.

(3.) I have heard the counsel for both the sides and perused the records.