Amar Singh vs State of Punjab .

Harmohinder Kaur Sandhu, J.

Amar Singh petitioner was tried for an offence under section 9 of the Opium Act and was found guilty by Judicial Magistrate 1st Class, Zira who sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 700/ This judgment dated 2021986 was confirmed by Shri N.S. Bhatia, the learned Additional Sessions Judge, Ferozepur in Appeal. The brief facts of the case are that on 19.2.1983 a police party beaded by Head Constable Balbir Singh was present in the area of village Gatta Pat Shah when the petitioner ''was apprehended on suspicion. His personal search led to the resovery of 8 kilograms of opium which he was carrying in a bag 10 grams of opium was separated as sample and the rest of the opium was sealed in a tinbox. Case was got registered against the petitioner and sample was sent to the Chemical Examiner who after analysing the contents of the sample, reported that it constituted opium.

The prosecution case was supported by Head Constable dalbir Singh who had investigated the case and constable Makhan Singh. The contention of the petitioner was that in fact no opium was recovered from his possession and he was falsely implicated at the instance of Balkar Singh who had good relations with the police officials. His contention however, remained unsupported.

The conviction of the petitioner was assailed on the ground that the only evidence against the petitioner consisted of the statements of two police officials and their statements were not corroborated, by any independent source They being police officials were interested in the success of the case. The recovery was effected on a thoroughfare and some persons must have passed that way who could be joined. It was further contended that statements of the police officials were also not consistent as according to the Head Constable he had given money to constable Rattan Singh to bring an empty. tin sealing the recovered opium while the constable had denied this fact. The contentions of the learned counsel do not appear to be sound. The police party was simply patrolling the area when the petitioner met all of a sudden and his behaviour aroused suspicion. At that time no person was present nearby who could be called to witness the recovery. The witnesses were definite that so long they remained at the spot no person came there. In these circumstances, it cannot be said that the investigating officer intentionally avoided taking any one into confidence. The witnesses had no animus to involve. the petitioner in a false case, They were not shown to have any connection with Balkar Singh. Their statement were consistent except for one discrepancy and much significance cannot be attached to the same.

It was next urged on behalf of the petitioner that the petitioner was a young man of the age of 24 years at the time of commission of the offence and was not a previous convict. He had aged parents and he was .the only bread winner in the family. The burden of this prosecution had been hanging on him for the last more than 8 years, so instead (if sending him to prison, it will be in the interest of justice that he be given an opportunity to reform himself and may be released on probation. I find that the petitioner is not a previous convict and this is the first offence committed by him for which he has faced this lengthy prosecution. He is not a person beyond reform, so it will be appropriate if be is given one opportunity to mend his ways and reform himself so as to be a useful citizen. While main his conviction, I direct that he be released on probation on his entering into a personal bond in the sum of Rs. 5000/ with one surety in the like amount for a period of one year undertaking to appear and receive sentenc as and when called upon during this period and in the meantime to keep peace and be of good behaviour. Bail bonds to be furnished within a period of two months from today to the satisfaction of Chief Judicial Magistrate, Ferozepur With the above modification in the sentence, the petition is hereby dismissed.