AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AJIT Singh petitioner was convicted under section 9(a) of the Opium Act by learned Sub Divisional Judicial Magistrate, Tarn Taran, and sentenced to undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 2000/-. Imprisonment in default of payment of fine was also awarded. The petitioner filed an appeal which was heard by learned Additional Session Judge, Amritsar. He did not find any merit in appeal and dismissed the same.

(2.) THE prosecution story in brief is that on 22nd July, 1979 P.W.1 A.S.I. Mohinder Singh and P.W.2 S.I. Jagdish Singh alongwith some other police officials were on patrol duty. When they were about 1Km. from village Seron, the petitioner was seen coming from the side of his tube well. On suspicion being raised, the petitioner was apprehended. His personal search yielded 5kgs. of opium. 10 grams of opium was separated as sample. The sample and the remaining opium were separately converted into sealed parcels. S.I. Jagdhish Singh sent ruqa Exhibit PB to the police Station, Sadar Tran Taran, and on its basis first Information Report Exhibit PB/1 was recorded. The sealed parcel of the sample was sent to the Chemical examiner. Vide his report Exhibit PD he opined that the contents of the sample were opium. After necessary investigation the petitioner was charge-sheeted.

(3.) AT the close of the prosecution evidence the petitioner was examined under section 313 of the Criminal Procedure Code. He denied the prosecution allegations and pleaded that he was arrested from his village and was brought to the police Station and was detained there for about a week and then was falsely involved in this case. In his defence he produced Exhibit DB which is copy of a complaint dated 20th September, 1978 which he had filed against Iqbal Singh then Station House Officer, Police Station, Taran Taran, A.S.I. Gian Singh and Balwant Singh constable who were also then posted in that Police Station, in the court of Judicial Magistrate, Amritsar.