HARMOHINDER KAUR SANDHU,J - (1.) KEWAL Singh who has filed the present Revision Petition was tried for an offence under Section 9 of Opium Act by Judicial Magistrate Ist Class, Dasuya who vide his judgment dated 10.7.86 held him guilty for the offence and sentenced him to undergo, Rigorous Imprisonment for one year and to pay fine of Rs. 500/-. Aggrieved by this judgment recording his conviction Kewal Singh preferred an appeal which was dismissed by the learned Additional Sessions Judge, Hoshiarpur as per judgment dated 8 9.86. The petitioner has assailed his conviction and sentence by way of present Revision Petition.
(2.) THE prosecution case as set up at trial was as under :- On 4.11.1984, Head Constable Inderjit Singh of Police Station Dasuya was patrolling the area under the supervision of Sub Inspector Balbir Singh. The police party was proceeding towards Gardhiwala in a Government vehicle bearing Registration No. PUH 3163. When they were near the turning of village Daffar the petitioner was seen coming from the side of Gardhiwala. On suspicion he was apprehended and the Head Constable effected his personal search after observing due formalities. On search of a bag which the petitioner was carrying 5 Kilograms of opium was recovered out of which a sample of 20 grams was separated. The sample and the rest of the opium were sealed into two separate parcels and was seized vide recovery memo. Sample was sent to Chemical Examiner for analysis who reported that the contents of the sample constituted opium. A charge-sheet was then presented against the petitioner which led to his conviction as referred above.
(3.) THE prosecution case was supported by Head Constable Puran Singh (PW I), Assistant Sub Inspector Massa Singh (PW2) and Head Constable Inderjit Singh (PW3). Affidavits of formal witnesses Ex. PE, Ex. PF and report of Chemical Examiner Ex. PD were tendered in evidence.;