B.S.YADAV,J. - (1.) THE prosecution story in brief is that Mukand Singh petitioner was found in possession of 5 Kgs. of opium when he was apprehended near the drain bridge in the revenue estate of Patta Hira Singh, by P.W. 1 S.I. Gurcharan Singh on 21st June, 1978 at about 8.15 P.M. while he alongwith A.S.I. Ajmer Singh (P.W.2) and other persons was returning to Police Station Nihal Singh Wala in a jeep from village Raonta. Sample was separated from the recovered opium. The sample and the remaining bulk of opium were separately sealed and taken into possession by the said Police Officer. The sample was sent to the Assistant Chemical Examiner, who vide his opinion Exhibit PD found the contents to be opium. The result of his analysis was as follows :- Results. Marked here 1283-0/78 Total sample received. 100 grams Sample consumed one gram Morphine Present Meconic Acid Present Morphine% 3.6%
(2.) PHYSICAL Appearance Dark brown soft mass. After necessary investigation the accused was chargesheeted. At the close of the prosecution evidence the petitioner was examined under Section 313 of the Code of Criminal Procedure. He denied the prosecution allegations and pleaded false implication. In his defence he examined D.W. 1 Inder Singh who stated that 2-1/2 years back the house of petitioner was searched by the police but nothing incriminating was recovered. He further stated that the petitioner was taken away by the police and was falsely involved in this case.
(3.) THE learned Judicial Magistrate Ist Class, Moga, who tried the case, found the accused guilty and convicted him and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-. The learned Court also gave reasons for not granting probation to the petitioner under section 360 of the Code of Criminal Procedure or section 4 of the Probation of Offenders Act.;