SATISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Satish Kumar petitioner was convicted under section 9 of the Opium Act, 1878 and under section 14 of the Dangerous Drugs Act, 1930, by Judicial Magistrate 1st Class, Jagraon, vide his order dated 31-8-1987, for keeping in possession 3-1/2 kgs. of opium and 30 grams of heroin. He was sentenced to undergo Rigorous Imprisonment for one year arid to pay a fine of Rs. 1,500/-. In default thereof he was further ordered to undergo Rigorous Imprisonment for six months for commission of offence under section 9 of the Opium Act, 1878. Concerning Commission of offence under section 14 of the Dangerous Drugs Act, 1930, he was sentenced to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 500/-. In default of payment of fine he was ordered to undergo Rigorous Imprisonment for two months. Both the substantive sentences of imprisonment were ordered to run concurrently.

(2.) On appeal, the Additional Sessions Judge, Ludhiana, vide his order dated 13-7-1989 upheld the order of conviction and sentence passed by the Trial Court and dismissed the appeal. Aggrieved by the order of conviction and sentence passed by the Courts below Satish Kumar has filed the present revision-petition.

(3.) Briefly stated, facts of the prosecution case are that on 30-9-1984 S.I. Amarjit Singh received secret information that heavy quantity of contraband articles like opium, heroin and charas could be recovered from the possession of the petitioner, if a raid is conducted at his house. On the basis of the said secret information, formal F.I.R. was recorded in the police station. Thereafter, S.I Amarjit Singh along with A.S.I Gurnam Singh H.C. Lakhwinder Singh, Constables Paramjit Singh, Harbans Singh, Surinder Singh and Charanjit Singh started for the house of the petitioner to conduct a raid. Kewal Krishan and Ghamand Singh two non-official witnesses were also joined in the raiding party. When the police-party reached near the house of the petitioner, he was just coming out of his house at that time. On suspicion he was apprehended and from his personal search 3-1/2 kgs. of opium wrapped in a glazed paper was recovered from a bag (jhola) carried by the petitioner, 10 grams of opium was taken out as sample. Both the sample and the remaining opium were separately sealed with the seal of S.I. Amarjit Singh and the same were taken into possession through the seizure memo. During the investigation of the said case the petitioner while in police custody, made disclosure statement, in pursuance of which he got recovered 30 grams of heroin wrapped in a glazed paper from a card-board box lying in his shop, near bus stand Raikot. 5 grams of heroin was drawn as sample. Both the sample and the remaining heroin were sealed into two separate parcels, and the same were taken into possession through a seizure memo. After completion of the investigation and on receipt of the report of the Chemical Examiner, petitioner was challaned, tried, convicted and sentenced as detailed above.