MAGHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been preferred by Maghar Singh (hereinafter described as 'the petitioner') directed against the judgment and the order of sentence passed by the learned Judicial Magistrate, Barnala dated 23.5.1985 and of the learned Additional Sessions Judge, Barnala dated 10.6.1987. The learned Judicial Magistrate held the petitioner guilty of the offence punishable under Section 9 of the Opium Act and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/-. In default of payment of fine, he was to undergo further rigorous imprisonment for three months. The appeal filed (failed ?) and had been dismissed.

(2.) THE relevant facts are that as per the prosecution case on 3.5.1984 the petitioner was found in possession of 4-1/2 kilograms of opium without any licence or permit. He was arrested by ASI Amarjit Singh in presence of Constables Hardev Singh and Bahadur Singh. A representative sample was taken. The opium and the representative sample were converted into separate parcels and sealed. They were taken into possession vide a recovery memo. Ruqa had been sent to the Police Station on basis of which formal first information report was recorded. Rough site plan was prepared. Subsequently, the case property and the sample were deposited in the Malkhana. The representative sample was sent for report which indicated that it was opium. On these broad facts, challan as against the petitioner was filed.

(3.) THE learned trial Court as well as the learned Additional Sessions Judge considered the statements of Constable Hardev Singh and ASI Amarjit Singh to conclude that they conclusively show that opium had been recovered from person of the petitioner. Accordingly, the above said sentence and the order in appeal came into existence. It was in other words held that prosecution successfully proved the case beyond all reasonable doubt.