V.K.BALI,J - (1.) THESE three Criminal Revision Petitions bearing No. 945, 946 and 947 of 1987 which have been filed by Sukhdev Singh, have been put up for hearing by the office is one lot but inasmuch as the facts and circumstances of all three cases are different, the revision are proposed to be decided by separate orders.
(2.) CHALLENGE herein is to an order of conviction and sentence recorded by Judicial Magistrate Ist Class, Barnala, dated March 14, 1986, vide which the petitioner was held guilty for an offence under Section 9 of the Opium Act and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs. 500/- or in default thereof to further undergo R.I. for two months. The appeal preferred by the petitioner against his conviction and sentenced came to be dismissed by the learned Sessions Judge, Barnala on September 17, 1987. Brief facts of the prosecution case leading to conviction and sentence of the petitioner are than on July 18, 1984 when S.I. Lashkar Singh alongwith Head Constable Gurnam singh and other police officials was returning to police station after patrolling of village Ganghoar and the police party was one furlong away from bus stand, Ganghoar, the petitioner was seen coming from the side of bus stand. On suspicion he was apprehended. On search of the bag held by the petitioner in his right hand, 6 kgs. of opium was recovered. Out of total quantity of opium that was recovered from the petitioner 10 gms was taken out as sample and the remaining opium was put into separate tin boxes and sealed into parcels with the seal bearing description 'L.S'. The sample, remaining opium Ex. P2 and sample seal Ex. P1 were taken into possession vide recovery memo Ex. PA. The intimation of this incident was sent vide memo Ex. PC, on the basis of which formal FIR Ex. PC/1 was registered.
(3.) IN its endeavour to substantiate its case, the prosecution examined two official witnesses, namely, Head Constable Gurnam Singh PW1 and SI Lashkar Singh PW2 who fully supported the prosecution version. Report of Chemical Examiner Ex.PE and affidavits Ex. PF, PG and PH were tendered into evidence.;