M.M.PUNCHHI,J - (1.) THE police party comprising of Head Constable Balkar Singh and Tarlok Singh and Constables Didar Singh and Sukhdev Singh came across the accused-petitioner on December 7, 1981, who on suspicion was searched by the police party. The personal search of the petitioner led to the recovery of 6 kilograms and 500 grams of opium. A sample of opium was taken therefrom in the normal way and was sent for chemical examination. It was revealed to be opium. On that basis, the petitioner was sent up for trial. The prosecution examined Head Constable Balkar Singh PW-I and Head Constable Tarlok Singh PW-2. To support the recovery it tendered in evidence the report of the Assistant Chemical Examiner Exhibit PD to prove that the substance recovered was opium. Affidavits of other police officials were filed to provide the link evidence.
(2.) THE challenge to the conviction as maintained by the Additional Sessions Judge, Ferozepur, is futile. In the face of evidence of Head Constable Balkar Singh PW-I and Head Constable Tarlok Singh PW-2, it is difficult to dispute the recovery. There is no discrepancy worth the name in their statements. The suggested discrepancy that according to PW-I, the quantity of opium recovered was 6 kilograms and 500 grams, whereas according to PW-2, it was 4 kilograms and 500 grams, is of no substance. Even if one were to ignore the suggestion that the discrepancy has occurred on account of the writing mistake in the preparation of the record, the disability of forgetfulness as to the quantity cannot be ruled out especially when the police officials had to appear in evidence after some lapse of time. Thus the conviction of the petitioner is well based and is hereby affirmed. As said earlier, the occurrence took place on December 7, 1981 well-high over seven years ago. The accused petitioner is on bail under order of this Court passed on October 24, 1986. Let him remain at large, but in lieu of sentence, he must execute a bond under section 4 of the Probation of Offenders Act in the sum of Rs. 5,000/- with one surety of the like amount operative for a period of one year to keep peace and be of good behaviour. The bond be executed before the trial Magistrate within two months from today. The petitioner shall pay a sum of Rs. 500/- as costs of prosecution. With the aforesaid modification in the Order of sentence, the revision petition is dismissed. Revision dismissed.;