A.D. Koshal, J. - (1.) FOUR persons namely Jaswant Singh, Zora Singh, Ravinder Kumar and Harbans Singh were jointly tried by Shri N.K. Jain, Judicial Magistrate 1st Class, Narnaul, of an offence under Section 9 of the Opium Act. It was alleged that the first three of them were found in illicit possession of 166 kilograms and 500 grams of opium which was recovered from truck No. MPO 2727 in which they were travelling on the 25th of October, 1971 and that they had thus committed an offence punishable under Clause (a) of Section 9 of the Opium Act. The said opium was alleged to have been exported by the fourth accused who was, therefore, charged under Clause (c) of that section. The charge failed as against Harbans Singh accused for utter lack of evidence. The other three accused, however, were found guilty of possession of 166 kilograms and 500 grams of opium and were convicted as charged, each one of them being sentenced to rigorous imprisonment for two years and a fine of Rs. 2,000/ -. It was directed that in default of payment of fine by any of them, he would undergo further rigorous imprisonment for a period of six months. The opium was confiscated to the State and a notice was issued to Harbans Singh accused as to why the truck should also not be so confiscated. Against their conviction and the sentences imposed upon them, Jaswant Singh, Zora Singh and Ravinder Kumar instituted an appeal in the Court of Session at Narnaul and the same was dismissed by Shri S.D. Tyagi, Additional Sessions Judge, Narnaul, on the 11th of January 1974 and it is his judgment which is sought to be revised by Jaswant Singh and Zora Singh convicts in Criminal Revision No. 414 of 1974 and by Ravinder Kumar convict in Criminal Revision No. 81 of 19(sic)4.
(2.) THE prosecution case may be stated thus. On the 25th October, 1971, Hari Singh, Deputy Superintendent of Police, Nuh (P.W. 4) was present at Police Station Ateli when he received secret information at 9 -55 A.M. that a truck bearing number MPO 2727 would be coming from the Rajasthan side with a large quantity of opium. He entered the information in first information report Exhibit P.A. and sent a telegraphic message to District Inspector of Police Chanan Singh (P.W. 3) to reach Kanti Barrier at which the two police officers met later on. Other police personnel were also present there and so were Madan Lal (P.W. 6) who carries on the business of tea -vending at the Barrier, and Chowkidar Bishan Singh (P.W. 7) who hails from Village Kanti which is situated at a distance only of about a half furlong from the Barrier. At about 12 noon truck No. MPO 2727 was seen coming from the Rajasthan side and was stopped by the Deputy Superintendent of Police, Jaswant Singh Petitioner was at the wheel and alongside were seated the other two Petitioners. At the bidding of Hari Singh (P.W. 4) Assistant Sub -Inspector Sis Ram (P.W. 8) and a few constables boarded the truck and conducted a search which yielded six bags containing 35 small bags having the contraband inside them. The total weight of opium was found to be 166 kilograms and 500 grams. Samples from the bulk were separated and sealed and were found by the Chemical Examiner to be opium. Eleven witnesses were examined at the trial in support of the prosecution case. They included six who testified to the opium having been recovered from truck No. MPO 2727 at the Barrier in their presence and also to the fact that at the time Jaswant Singh Petitioner was at the wheel while the other two Petitioners were sitting by his side.
(3.) WHEN examined in pursuance of the provisions of Section 342 of the Code of Criminal Procedure, 1898, all the three Petitioners admitted that they were seated inside truck No. MPO 2727 when it was being taken from the Rajasthan side by Jaswant Singh Petitioner as its driver, but denied all the allegations made by the prosecution against them including the one that the truck was intercepted and a search thereof yielded the opium in question.;