SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Swaran Singh has filed the present revision petition to challenge the order dated 3.6.1988 passed by Addl. Sessions Judge, Amritsar dismissing the appeal filed by the petitioner against the order dated 9.2.1988 passed by the Judicial Magistrate Ist Class, Amritsar whereby the accused was convicted and sentenced under Section 9(1) of the Opium Act.

(2.) Swaran Singh, petitioner was apprehended on 3.4.1985 by A.S.I. Swaran Dass and other police officials when they were returning from village Dhoolka after conducting excise raid. On the turning of village Muchhal, when the petitioner while coming from the side of village Tangra, towards his village, his personal search had lead to the recovery of about 4 kgs. of Opium wrapped in a glazed paper. A sample weighing 10 gms. was taken out of it, put in a tin and made into a parcel which was taken into possession vide recovery memo Exp. PA. The remaining opium was also taken into possession through the same recovery memo whereafter ruqa Ex. PD was sent to the police station for registration of F.I.R. Ex.PB/1. After completion of the investigation challan was put in the Court of Illaqa Magistrate who framed the charge under Section 9(1) of the Opium Act against him. After completition of the trial, the conviction was recorded against the petitioner and he was sentenced to undergo rigorous imprisonment for one a half year and to pay a fine of Rs. 300/- or in default to undergo further rigorous imprisonment for six months.

(3.) In appeal, this judgment was upheld and the conviction and sentence maintained by the Addl. Sessions Judge. Aggrieved by the above decisions, Swaran Singh has filed the present revision petition.