RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LEARNED Judicial Magistrate, Tarn Taran on 11.8.1986 held the petitioner guilty of the offence punishable under section 9 of the Opium Act. The petitioner was sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 4,000/ -. In default of.payment of fine, he was to undergo further rigorous imprisonment for six months. The petitioner filed an appeal in the Court of Sessions at Amritsar. The appeal was dismissed on 29.7.1987 by the learned Additional Sessions Judge, Amritsar. Aggrieved by the same, the present revision petition has been filed.

(2.) THE relevant facts of the prosecution case alleged are that on 22.4.1980 SI Joginder Singh alongwith ASI Prem Kishan and -some other police officials were going in a government jeep towards village Lalpur. Their visit was in connection with excise checking. When the police party reached near tubewell No. 31 -L in the area of village Allawalpur on Tarn Taran -Goindwal road, the petitioner was seen coming on a motor cycle from the opposite direction. On suspicion he was stopped and apprehended.

(3.) THE search was effected. The opium wrapped in a glazed paper was recovered from the basket of the motor -cycle. The contents were found to be 20 Kilograms. 50 grams of opium was taken as the sample. The sample and the rest of the opium were converted into the separate. They were sealed with the seal of 'JS'. The seal after use was given to ASI Prem Kishan. Both the packets were taken into possession vide a recovery memo. The rough site plan was prepared. The articles were deposited in the Malkhana. Subsequently, the representative sample was sent for analysis and was reported to be opium.