MAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE facts leading to this revision petition are that on 19th May, 1979 S.I. Sham Nath (P.W.1), who in those days was posted as Station House Officer, Kotwali, Patiala, accompanied by A.S.I. Prem Singh (P.W.2) and some other police officials was returning in an official car after investigation of some cases. When this party reached near Gurdwara Jhal Sahib, the petitioner was seen coming from the opposite direction on a scooter bearing registration No. DHK 9009. S.I. Sham Nath asked the petitioner to stop. On search of the scooter, 5 Kgs. of opium wrapped in a waxed paper was recovered from its diggy. 10 grams of opium as sample was separated from the bulk. The sample and the remaining opium were separately sealed and were taken into possession by S.I. Sham Nath after preparing usual recovery memo. The sealed parcel of the opium was sent to the Chemical Examiner who vide his report Exhibit PD found its contents to be opium. The petitioner was charge-sheeted in due course.

(2.) THE prosecution story has been supported by the above named witnesses.

(3.) THE learned Additional Chief Judicial Magistrate, Patiala, believed the prosecution evidence and accordingly convicted the petitioner under Section 9 of the Opium Act and sentenced him to undergo rigorous imprisonment for 1-1/2 years. Feeling aggrieved against his conviction, the petitioner filed an appeal which was heard by learned Sessions Judge, Patiala. The appeal did not meet with any success. The petitioner has now come to this Court in revision.