KANWALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition against the judgment dated 27.5.1988 passed by the Additional Sessions Judge, Bathinda upholding the conviction of the accused petitioner under Section 9 of the Opium Act, recorded by the J.M.I.C. Bathinda, but reducing the sentence from 1-1/2 years RI to RI for one year and fine of Rs. 300/- and in default of payment of fine to further undergo RI for 3 months.

(2.) In brief, the facts are that on 10.7.1983 the police party headed by ASI Joginder Singh apprehended accused petitioner Kanwaljit Singh and he was found having in his possession a bag containing 2.600 kgs. of opium. 10 grams opium was separated by way of sample and thereafter the seal and the bulk was separately sealed and the sealed parcels were taken into possession. ASI Joginder Singh sent ruqa to the police station, on the basis of which formal FIR under Section 9 of the Opium Act was registered in the police station. The accused was apprehended in this case. The case was investigated by the police. After the receipt of the report of the Chemical Examiner the challan was put in the Court. After the evidence was recorded, the learned J.M.I.C. convicted the accused under Section 9 of the Opium Act and sentenced him to undergo RI for 1-1/2 years and to pay fine of Rs. 300/-. In appeal, the learned Additional Sessions Judge upheld the conviction of the accused but the sentence was reduced from 1-1/2 years RI to RI for 1 year besides fine of Rs. 300/- for the offence under Section 9 of the Opium Act. Feeling dis-satisfied, the accused has filed the present revision petition in this Court.

(3.) I have heard the learned counsel for the parties and have gone through the record.