BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN case FIR No. 38 of 1983 of Police Station Lopoke, under Section 9 of the Opium Act, Balkar Singh petitioner was put up on trial before the Judicial Magistrate Ist Class, Ajnala. On the conclusion of the trial he was convicted of the offence under Section 9 of the Opium Act for having been found in possession of 5 kgs. of opium on 8.1.1983 by SI/SHO Balwant Singh of Police Station, Lopoke and was sentenced to undergo rigorous imprisonment for 1 years and to pay a fine of Rs. 500/-. In default of payment of fine to undergo further RI for three months vide order dated 21.3.1987.

(2.) BALKAR Singh took the matter in appeal to the Court of Session. In appeal, the learned Additional Sessions Judge, did not find any fault, so far as conviction is concerned. He, however, reduced the sentence to one year's RI and fine of Rs. 500/- or in default to undergo further RI for three months.

(3.) THE prosecution case set up by the trial court was that on 8.1.1983, SI Balwant Singh Station House Officer of Police Station Lopoke was going from village Kuhala towards village Beharwal alongwith ASI Harmel Singh, HC Santokh Singh, Constables Natha Singh, Sangat Singh and Om Parkash and when they reached near the turning point on the metalled road that leads to village Sahura, Balkar Singh and one Bachhan Singh were seen coming from the side of Village Sahura through the fields. On suspicion they were apprehended. On personal search of Balkar Singh accused, opium weighing 5 kgs was recovered lying wrapped in a glazed paper in the gunny bag. Out of the recovered opium, 20 grams was taken as sample. Sample opium was made into a sealed parcel and the remaining opium was put in the same glazed paper and then in the gunny bag, which was also made into sealed parcel. Those resealed parcels containing opium were taken into possession vide memo Ex.PA attested by ASI Harmel Singh, HC Sangat Singh. Ruqa Ex. PB was sent to the Police Station for registration of the case against the accused, on the basis of which, case was registered vide FIR Ex.PB/1; rough site plan Ex.PC was prepared at the spot with correct marginal notes. On return to the police station, sealed parcels were deposited by Balwant Singh, SHO with the MHC of the Police Station. Sample of opium was sent to the Chemical Examiner for Chemical Examination, who vide his report Ex.PD found that the sample contained opium containing 3.6% Morphine. After investigation, the accused was challaned.