BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALDEV Singh petitioner was convicted by the Sub-Divisional Judicial Magistrate, Barnala on 3-6-1988 for recovery of 3 kgs of opium under section 9 of the Opium Act, 1878. He was sentenced by the trial Court to undergo rigorous imprisonment for ten months and to pay a fine of Rs. 200/-, or in default to further undergo rigorous imprisonment for one month, vide its order dated 4-6-1988. Appeal against the order of conviction and sentence was dismissed by Additional Sessions Judge, Barnala on 11 - 5-1989. Aggrieved against the order of conviction and sentence passed by the Courts below, Baldev Singh petitioner has filed the present revision petition.

(2.) IN brief, facts relevant for the disposal of this case are that on 2-5-1983, police party headed by A S.I. Harbans Singh, apprehended the petitioner on suspicion at bus-stop Dhanaula Khurd and found in his possession 3 kgs, of opium. As the petitioner could not produce any valid - licence for retaining opium, he was arrested. After investigation, the petitioner was challaned, convicted and sentenced by the Courts below, as indicated above.

(3.) ON behalf of the State, it was mainly contended that the entire affidavit consists of one para and the police official concerned had mentioned that the contents of the said affidavit were correct on the basis of his knowledge and belief. This affidavit of the Head Constable Gurbachan Singh, Exhibit PG, is defective inasmuch as it does not comply with the provisions of Section 297 of the Code of Criminal Procedure, 1973 wherein sub para (2), it is specifically mentioned that the affidavits shall be confined to and shall state separately, such facts as the deponent is able to prove from his own knowledge, and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.