JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has come up in revision against his conviction and sentence of rigorous imprisonment for six months and a fine of Rs. 500, in default further rigorous imprisonment for three months, under section 9 of the Opium Act.

(2.) THE prosecution case in brief is that on 25 June, 1982, Sub -Inspector Pritpal Singh alone with some other police officials went to the village of the petitioner for a raid. They raided the house of the petitioner and found him present there at 9 a.m. on that day. The petitioner was taken into custody and in consequence of his disclosure statement he got recovered 3 kg of opium wrapped in piece of glazed paper concealed under a rubbish heap. A sample was taken out of the opium and sent to the Chemical Examiner for analysis. According to the report, Exhibit PE, the sample was found to be opium containing 4.2 percent morphine. The petitioner was arrested and sent up for trial.

(3.) WHEN examined under section 313 of the Code of Criminal Procedure, the petitioner pleaded false implication and did not lead any evidence in defence.