N.S.NEHRA, J. - (1.) SHAM Lal petitioner, vide judgment order dated 28-1-1986 passed by the Judicial Magistrate 1st Class, Faridabad, was convicted under section 9 of the opium Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months. The appeal filed by the petitioner was dismissed on 13.5.1986. Hence this revision petition.
(2.) THE prosecutin story, in brief, is as follows :- S. I. Ram Kishan accompanied by ASI Rohtas Singh, Head Constable Hardwari Lal and other Constable, as well as Girraj Singh, resident of village Badoli, was present in front of the Syndicate Bank, Faridabad on 12-7-1983. A secret information was received by Sub Inspector Ram Kishan that the petitioner and two other having one bag each on their shoulders were coming from the side of old Faridabad and they were having opium in their bags. Sub Inspector Ram Kishan arranged a nakabandi and the petitioner was apprehended. His person was searched and he was found carrying a bag containing opium which, on weighment, was found to be 2 kgs. A sample of 20 grams was separated, put into a match-box and sealed. The remaining part of the opium was separately sealed. The seal, after use, was handed over to Girraj Singh PW. The sample was sent to the Chemical Examiner, who vide report Exhibit PX, opined that it was opium.
(3.) THE prosecution produced ASI Rohtas Singh PW-1 and Sub Inspector Ram Kishan PW-2.;