(1.) PETITIONER was convicted under Section 9(1) of the Opium Act, 1878 on 30.8.1986 by the Judicial Magistrate Ist Class, Moga and sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/- and in default thereof, he was further ordered to undergo R.I. for four months. The appeal filed by the petitioner against his conviction and sentence was dismissed by the learned Sessions Judge, Faridkot on 28.3.1987. Hence, this revision petition.
(2.) BRIEFLY narrated, the prosecution case is that on January 26, 1983, ASI Pirthi Singh alongwith other police officials, was going towards village Rode and when the police party reached the bridge of water course in the area of village Rode, the accused was seen coming from southern side of the water course. On seeing the police party, he became perplexed and retraced his steps. On suspicion, he was stopped by ASI Pirthi Singh with the help of other police officials and on interrogation, he disclosed his name as Amarjit Singh son of Ughar Singh, resident of Village Rode. His person was searched according to rules by ASI Pirthi Singh and opium wrapped in a glazed paper, lying in a bag hanging from his left shoulder, was recovered which on weighing was found to be 5 Kg. and 500 grams. Out of the recovered quantity, 10 grams were taken out as sample and put in a Dabi (match box) and the remaining opium was put in a Pipa tin. Both the sample parcel and bulk quantity of opium were sealed with the seal bearing impression 'PS' and taken into possession vide recovery memo, Ex. PA. Specimen of seal was prepared separately and the seal after its use, was entrusted to HC Sukhdev Singh. Thereafter site plan, Ex. PC, was prepared statements of the witnesses were recorded on the spot and after completion of the investigation, the accused was challaned under section 9(1) of the opium Act, 1978.
(3.) AFTER the close of the prosecution evidence, when examined under section 313 of Code of Criminal Procedure, the accused denied all the allegations against him and stated that his brother Paramjit Singh was declared proclaimed offender in 1972 and police used to press him for his production though he was not aware of the whereabouts of his brother and it was on this score that he was falsely implicated by the police.