(1.) THIS criminal appeal raises yet again the rather vexed question of the concept and nature of "possession" in prosecutions under Section 9 of the Indian Opium Act.
(2.) THE two Respondents along with one Sham Singh (who has died during the pendency of this appeal) were brought to trial on charges under Section 9 of the Opium Act before the Judicial Magistrate, 1st Class, at Bhatinda, who according the benefit of doubt, acquitted them by his order, dated the 25th of April, 1966. The State of Punjab now challenges this acquittal by way of appeal.
(3.) THE prosecution examined P.W. 1, Pritam Singh and P.W. 2 Hardam Singh, the public witnesses regarding the recovery. P.W. 4 Sub -Inspector, Gurcharan Singh is the Investigating Officer, who had organised the raid whilst P.W. 3 Dewan Singh was produced to show the connection between Balwant Singh, Respondent and Sham Singh and also for the purpose of identifying the alleged hand -writing of Balwant Singh, Respondent on Exhibit P. 16.
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