S.S. Dewan, J. - (1.) Mela Ram petitioner was found in possession of 5 Kgs. of opium and convicted under S. 9;a) of the Opium Act and sentenced to undergo rigorous imprisonment for 1.1/2 years and a fine of Rs. 3000.00 by the Judicial Magistrate 1st class Ludhiana, on March 27, 1980. On appeal, the learned Sessions Judge, Ludhiana, upheld his conviction and sentence. He has now come up in revision.
(2.) In short, the prosecution case is that on Jan. 25, 1978, at about 4 a.m. Assistant Sub-Inspector Amar Singh accompanied by Assistant Sub-Inspector Harbans Singh, Head constable Gurmit Singh and Constable Kirpal Singh of the Government Railway Police happened to be present at the entrance of the 1st Class passengers at the Railway Station Ludhiana. Pal Singh met them by change and he was also joined with the police party. At about 4 15 a m. train No. 31 up arrived from the side of Delhi and the accused got down from that train. He was carrying a bag in his right hand. On suspicion, he was apprehended by the Assistant Sub-Inspector Harbans Singh. From his personal search, 5 Kgs. of opium wrapped in a glazed paper, contained in the bag, was recovered. A sample was taken out of the opium recovered from the accused and the Chemical Examiner, vide his report, Exhibit PD, found the same to be of opium.
(3.) The prosecution examined Assistant Sub-Inspector Amar Singh PW I Assistant Sub-Inspector Harbans Singh PW 2, Head-Constable Prithipal Singh, PW 3 and Constable Ram Sarup, PW 4. The accused denied the prosecution allegations and pleaded false complicity in the case.;