HARDEEP PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition Hardeep Singh is seeking to challenge the judgment dated 13.7.1988 of the Additional Sessions Judge, Ludhiana dismissing his appeal against the conviction and sentence recorded by the Judicial Magistrate, Ludhiana for contravention of the provisions of Section 9 of the Opium Act.

(2.) ON 29.8.1984 at about 9.00 P.M., the petitioner was apprehended at Naka set up by HC Balbir Singh and HC Jarnail Singh and other police officials of Police Station Kotwali, Ludhiana. From the bag which was carried by the petitioner, 4 kgs. and 500 Gms. of Opium was recovered out of which a sample of 5 Gms. was separated and after getting it sealed, the same was forwarded to the Chemical Examiner who through report Ex. PE opined that it was opium. A case was registered under Section 9 of the Opium Act and on completion of the investigation, challan was put in against the petitioner, After trial, the Judicial Magistrate had sentenced the petitioner to undergo rigorous imprisonment for two years and to pay fine of Rs. 2500/- and in default of payment of fine to further undergo rigorous imprisonment for six months. The appeal was dismissed by the Additional Sessions Judge, Ludhiana, who like the trial Court rejected the argument that the testimony of HC Balbir Singh and HC Jarnail Singh should be rejected on the ground that they were official witnesses and the failure of the investigating agency to join independent witnesses at the time of recovery should be taken as a circumstance against the case of the prosecution.

(3.) I have carefully considered the arguments advanced on behalf of the petitioner and the learned counsel appearing on behalf of the State.