MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision filed by the petitioner against the order of Addl. Sessions Judge, Ludhiana dated 26.10.1987 whereby he maintained the conviction recorded by Judicial Magistrate Ist Class, Ludhiana vide order dated 7.8.1986, against him under Section 9(a) of the Opium Act, but reduced the sentence of imprisonment to one year R.I. and to pay fine of Rs. 2000/- from 1 years R.I. and fine of Rs. 2000/- passed upon him.

(2.) THE prosecution case, in brief, is that on 26.3.1983, S.I. Rupinder Pal Singh, SHO P.S., Dehlon alongwith ASI Harbhajan Singh, ASI Sansar Chand H.C. Kashmir Singh, H.C. Sakattar Singh and others were present on the Abohar Canal Branch Bridge in connection with patrolling. S.I. Rupinder Pal Singh received secret information that Malkiat Singh, s/o Pakhar Singh and Hardev Singh s/o Chand Singh of Village Assi Kalan were selling poppy husk on the kacha passage runs from the bank of Abohar Canal branch to Village Killa Raipur under the Bohar tree which is at a distance of one furlong and that if a timely raid was conducted they could be apprehended while in possession of poppy husk in large quantity. He drafted ruqa. Ex.PA and sent the same to P.S. Dehlon on the basis of which case was registered vide formal FIR No. 74 dated 26.3.1983 under Section 9 of the Opium Act at P.S. Dehlon S.I. Rupinder Pal Singh started towards Village Killa Raipur. When they approached village Chubki, Jaswant Singh, PW met them. He was joined. Malkiat Singh, accused was apprehended at the spot. Hardev Singh accused managed to escape. Hardev Singh accused was known to H.C. Kashmir Singh since before. From the possession of Malkiat Singh and Hardev Singh, 25 bags of crushed poppy husk were recovered. Each bag contained 40 kilograms of poppy husk. 25th bag was containing 30 kilograms of poppy husk. 250 grams of poppy husk was taken out as sample from each bag. Samples were made into sealed parcels. Gunny bags were also made into sealed parcels. One dabba (tin) was also recovered which the accused Malkiat Singh was keeping in his hand. Samples and gunny bags were taken into possession vide memo Exhibit P.B. which was attested by ASI Harbhajan Singh and ASI Jaswant Singh. Rough site plan Ex. PC was prepared by the S.I. Rupinder Pal Singh. On return to the police station the case property was deposited in the malkhana with A.M.H.C. Sohan Singh. Samples were sent to the Chemical Examiner for chemical examination. The Chemical Examiner vide report Ex. PD reported that they contained poppy husk head. After investigation. Malkiat Singh and Hardev Singh, accused were challaned under Section 9 of the Opium Act. The accused were charged under section 9 of the Opium Act by the Judicial Magistrate Ist Class Ludhiana. They pleaded not guilty to the charge and claimed trial.

(3.) ACCUSED when examined under Section 313 of C.R.C. denied the imputations appearing in prosecution evidence against them and stated that it is a false case. They examined Kapil Dev DW-1, Pritpal Singh DW-2, Harchand Singh DW-3 and Constable Kuldip Singh DW-4.