PREM KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition against the judgment dated 12.5.1988 passed by the Additional Sessions Judge, Ludhiana affirming the judgment and order dated 12.9.1987 passed by the Judicial Magistrate, 1st Class, Jagraon convicting the accused-petitioner under Section 9 of the Opium Act and sentencing him to undergo RI for 1 year and to pay fine of Rs. 2000/- and in default of payment of fine to undergo further RI for 6 months.

(2.) AS per the case of the prosecution a police party headed by ASI Piara Singh was going on bycycles in connection with patrol duty and when the police party reached on the canal bridge Saholi, accused-petitioner, Prem Kumar was found coming from village Saholi side on foot and on suspicion he was apprehended. From his personal search 3 kgs. of opium was recovered from the bag which he was having on his shoulders. 10 grams of opium was taken out from the bulk and thereafter the sample and the bulk were separately sealed and the same were taken into possession by the police. A ruqa was sent to the police station on the basis of which formal FIR under Section 9 of the Opium Act was registered in the police station. Accused petitioner was formally arrested in this case and on return to the police station, the accused was lodged in the police lock up and the case property was deposited with the MHC. After receipt of the report from the Chemical Examiner and completion of the investigation the challan was put in the Court. The learned Magistrate charged the accused under Section 9 of the Opium Act to which charge the accused pleaded not guilty and claimed to be tried. The prosecution led its evidence. Thereafter the statement of the accused under Section 313 Cr.P.C. was recorded in which he denied the prosecution allegations against him and stated that he was innocent and had been falsely implicated in this case. However, he did not produce any evidence in his defence.

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