MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Major Singh petitioner herein was convicted under Section 9 of the Opiun Act and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 5000/- on the default to further undergo rigorous imprisonment for six months by Judicial Magistrate 1st Class. Moga vide order dated 22-12-1986 in case FIR No. 282 dated 11-10-1983 under Section 9 of the Opium Act of Police Station, Mehna. His appeal to the Court of Sessions also failed.

(2.) Aggrieved from the order dated 3-9-1987 passed by the learned Sessions Judge. Faridkot dismissing his appeal namely criminal appeal no. 3 of 1987 and maintaining the conviction and sentence passed upon him by Judicial Magistrate 1st Class. Moga, petitioner has knocked the door of this court through this criminal revision. This criminal revision is the offshoot of the following facts:

(3.) On 11-10-1983 SI Gurtej Singh, ASI Lachhman Singh. HC Din Dayal, and constables Jalaur Singh, Gurpiar Singh and Balwinder Singh were going towards Kokri Phula Singh from village Mehna, in connection with patrolling. When the police party reached near the seepage drain bridge of village, Kokri Phula Singh, Major Singh accused was sighted coming towards police party with a gunny bag on his head. At the sight of the police party he tried to swerve back. It aroused suspicion in the mind of SI Gurtej Singh (SHO Police Station, Mehna) who apprehended the accused. Accused disclosed his name as Major Singh son of Malkiat Singh of village Ajitwal. SI Gurtej Singh effected the personal search of Major Singh after giving his own personal search to him. That gunny bag was found to contain opium weighing 10 Kgs. wrapped in a glazed paper. Out of the recovered opium 20 grams was taken out as sample. Opium taken out as sample was put in a small tin-box, which was made into a sealed parcel. The remaining opium wrapped in glazed paper was put in a small tin box, which was made into a sealed parcel. The remaining opium wrapped in glazed paper was put in a tin (pipa), which was similarly sealed. Both the sealed parcels containing opium were taken into possession vide memo Ex. PA attested by ASI Lachhman Singh and HC Din Dayal PW5. Visual site plan Ex. PD was prepared at the spot. Ruqa Ex. PC was sent to the Police. Station for the registration of case against the accused on the basis of which case was registered against the accused vide formal FIR Ex. PCI 1 under Section 9 of the Opium Act. On return to the Police Station SI Gurtej Singh deposited the sealed parcel containing opium with AMHC Surjit Singh at Police Station, Mehna. Sample parcel was sent to the Chemical Examiner for chemical examination. Chemical Examiner vide report Ex. PE found that the contents were opium. After investigation, Major Singh was challaned under Section 9 of the Opium Act.