A.S.NEHRA, J. - (1.) JAIMAL Singh, petitioner and one Sukha Singh were convicted under Section 9 of the Opium Act, on June 4, 1985 by the Judicial Magistrate, Ist Class. Patiala. Petitioner and Sukha Singh filed appeals. Appeal of Sukha Singh was accepted but the appeal of petitioner was dismissed on June 5, 1986 by the Additional Sessions Judge. Hence, this Revision Petition.
(2.) IN brief, the prosecution story is as under : "On 8-7-1980 ASI Jagdish Chander alongwith Constables Jai Ram, Gurpal Singh, Sukhvinder Singh and Ram Dhan were present in connection with Naka Bandi on Ghagga Bhawanigarh road and they were in a Government Jeep No. PUC 636 which was driven by Constable Tarsem Singh. At about 2.15 A.M. a Car came from the side of village Nawan Gaon which was stopped. On enquiry, the driver of the Car told his name as Jaimal Singh son of Pala Singh, resident of Sangrur. The other person who was sitting by his side told his name as Sukha Singh son of Shingara Singh resident of Daba Kheri. They were asked to come down. Jaimal Singh came out whereas Sukha Singh ran away from the left side of the Car. On search of the Car one Jhola (bag) was found lying on the front seat in between Sukha Singh and Jaimal Singh where they were sitting. Opium wrapped in a glazed paper was found in it. On further search of the car four bags of poppy husk were found lying on the rear seat of the car. On further search three bags more of poppy husk were recovered from the dicky of the Car. Two spare wheels of the Car and one jack was also recovered from the dicky of the Car. On personal search of Jaimal Singh, one watch and Rs. 20/- were found from his possession. On weighing, the opium came to be five kilograms. 20 grams of opium was separated as sample. The remaining opium and the sample were sealed with the seal bearing impression J.C. Out of seven bags of poppy husk, 200 grams was separated as sample from each bag. The remaining poppy husk was weighed which came to be 35 Kilo 800 grams in each gunny bag. Those were all taken into possession vide recovery Memo. Ex. PA. Opium as well as samples were also taken into possession vide recovery Memo Ex. PA. Two spare wheels of the Car, one lack, a sum of Rs. 20/-, Insurance, receipt of Challan, key bunch having five keys and Car PNT 8331 were also taken into possession vide recovery Memo Ex. PA which was attested by the witnesses. Ruqa Ex. PB was sent through Constable Jai Ram to the Police Station for the registration of the case on the basis of which a formal FIR Ex PB/1 was got registered by SI Balbir Singh. Rough site plan Ex. PC was prepared at the spot. Statements of the witnesses were recorded at the spot. Insurance is Ex. P1, Challan Chit is Ex. P2. Sealed Samples are Ex. P3 and Ex. P4 and Opium is Ex. P5. The bags containing poppy husk are Ex. P6 to Ex. P12, spare wheels (two) are Ex. P13 and Ex P14 and jack is Ex. P15. After completion of investigation the challan was put in the Court by SI Balbir Singh." In order to prove its case, the prosecution examined Gurpal Singh Constable, PW, Jagdish Tandon, PW2 and Mr. Usha R. Sharma, PW3. Documents Ex.P.E. and Ex PF, report of chemical examiner and affidavits of Gurmail Singh, Head Constable and Sukhminder Singh, Constable as Ex. PH and Ex PG respectively were also tendered in evidence.
(3.) WHEN examined under Section 313, Criminal Procedure Code, the petitioner denied the corrections of the prosecution allegations and pleaded of the himself to be innocent. Petitioner has stated that on the morning of July 7, 1980, Investigating Officer of this case, Jagdish Tandon, came to his residence at village Sanaur and asked him to send his car for 2/3 days but he told him that the driver of the car is not available. The Investigating Officer took him from his house to the Police Station and falsely implicated him in this case. He has further stated that he had Rs. 4000/- with him when he was taken to the police station and Investigating Officer took away Rs. 4000/- from him. He further stated that the Investigating officer had falsely involved him to save his own skin as he had misused his money of Rs. 4000/-.;