DALJIT SINGH ALIAS BILLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case in brief is that on 16.7.1984 SI Gurmit Chand laid Naka in the area of village Gujjarpura. ASI Krishan Kumar, HC Harbhajan Singh and constable Jagjit Singh etc. were with him. Daljit Singh alias Billa was sighted coming on Royal Enfield Motor Cycle No. PNO 2115 towards the Naka Party. When his eyes fell on Naka Party, he turned backwards. It aroused suspicion in the mind of SI Gurmit Chand, who apprehended him alongwith the said Motor Cycle. Motor Cycle was searched. Search of the Motor Cycle yielded recovery of 6 kgs. and 50 grams of opium from its dicky. Out of the recovered opium, 10 grams was taken out as sample. Sample opium was made into a parcel and sealed with the seal of SI Gurmit Chand, bearing impression "GC". The remaining opium was also put in a tin (pippa) which was also made into a parcel and sealed of SI Gurmit Chand bearing impression "GC". Both the sealed parcels containing opium were taken into possession vide memo Ex.PA. Memo Ex.PA was attested by ASI Krishan Kumar and HC Harbhajan Singh PWs. Ruqa Ex.PB was sent to the Police Station for the registration of the case, on the basis of which case F.I.R. No. 297 dated 16.7.1984 was registered at Police Station, Ajnala under Station 9 of the Opium Act. Visual site plan Ex.PC was prepared at the spot with correct marginal notes. On return to the Police Station both the sealed parcels containing opium were deposited by SI Gurmit Chand with MHC Kashmir Singh with seals intact. Sample opium was sent to the Chemical Examiner for chemical examination, who vide report Ex.PD, found that the sample contained opium containing morphine and meconic acid. After the investigation of the case accused was challaned under Section 9 of the Opium Act.

(2.) THE accused was charged vide order dated 3.12.1986 under Section 9 of the Opium Act by the Judicial Magistrate Ist Class, Ajnala. Accused pleaded not guilty to the charge and claimed trial.

(3.) DALJIT Singh alias Billa went in appeal to the Court of Sessions, which was dismissed by the learned Additional Sessions Judge, Amritsar vide order dated 4.1.1998. He, however, reduced the sentence to one year rigorous imprisonment. Sentence of fine was, however, maintained.