BOOTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Boota Singh was sentenced to 15 months rigorous imprisonment and a fine of Rs. 500/ -, in default of payment of which, to further rigorous imprisonment for six months, by the Additional Chief Judicial Magistrate, Amritsar, on July 3, 1975, after trial for an offence under Section 9 (a) of the Opium Act. His appeal against the said conviction and sentence also failed in the Court of Additional Sessions Judge, Amritsar.

(2.) ACCORDING to the prosecution, on February 8, 1972, S. I. Tarlok Singh, on the basis of a secret information held a checking at the Railway Station, Amritsar, at about the time of the arrival of the Calcutta Mail. At that time Charan Singh and Raman Kishore, P. Ws., employees of the railway were also with him. It is further alleged that Boota Singh petitioner alighted from the train carrying a bag, Exhibit P. 1, in his hand. On apprehension and search of the bag, five kilograms of Opium was recovered. A sample of the same was taken. Bulk opium and the sample were taken into possession vide memo Exhibit P. B. Ruqa Exhibit P. C. was sent to the police station for the registration of a case on the basis of which formal First Information Report, Exhibit PC/1, was recorded by A. S. I. Kishori Lal.

(3.) AT the time of trial, the prosecution version was fully supported by Charah Singh, Raman Kishore and A.S.I. Tarlok Singh, P. Ws. 1, 2 and 3, respectively.