- (1.) This revision petition is directed against the order dated July 25, 1990 passed by the then Additional Sessions Judge, Amritsar, in Criminal Appeal No. 33 of 1989, vide which she maintained the orders of conviction and sentence dated August 29, 1989, passed by Judicial Magistrate Ist Class, Patti, whereby the accused-appellants were convicted under Section 9 of the Opium Act for keeping in their possession 30 Kgs. Each, Opium contained in three bags and sentenced them to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 2000/- each. In default of payment of fine, to undergo further RI for a period of four months each.
(2.) In brief the facts of the prosecution are that on 23.12.1984 SI Kishore Chand along with other police officials and Shri H.B. Chand, Deputy Commandant 28th Battalion, BSPF, was holding naka on the bridge of Canal minor in the revenue estate of Village Mehmoodpura. Three persons namely, Balbir Singh, Kala Singh and Assa Singh were seen coming from the side of Village Mehmoodpura, carrying bundles on their heads. On being signaled by the police party, Balbir Singh and Kala Singh after throwing the bundles ran away whereas Assa Singh was apprehended at the spot. The bundle which the accused was carrying was searched and it was found to be containing opium wrapped in a glazed paper. From his person search a pistol without any licence was recovered for which a separate case under the Arms Act was got registered. From the search of bundles which were thrown by Balbir Singh and Kala Singh accused, it was found to be containing opium which on weighment came to 30 Kgs each. Ten grams of opium was separated as sample from each of the three bundles and the residue of opium recovered was put into two tins separately. The samples as well as all the six tins were separately sealed with the seal of ASI Ram Nath and the seal after use was handed over to Ram Nath ASI. All these articles were taken into possession vide various recovery memos. Ex.PA was attested by ASI Ram Nath and Anokh Singh SI. A formal FIR Ex.PC/1 was got registered on the basis of ruqa Ex.PC. The investigating officer prepared the rough site plan which is Ex.PD. On return to the police station, the investigating officer deposited the case property with seals intact with the MHC Rajinder Singh. After the receipt of report from the Chemical Examiner, Ex.PE and after the completion of the investigation, challan against the accused was put in Court.
(3.) After going through the report under Section 173 of the Code of Criminal Procedure, the learned Judicial Magistrate, on being prima facie finding a case under Section 9 of the Opium Act, framed the charge against all the accused. Accused Assa Singh pleaded guilty to the charge and was accordingly convicted and sentenced by the trial court. Accused Balbir Singh and Kala Singh did not plead guilty to the charge and claimed trial.;