Balkar Singh vs State of Punjab

M.L. Singhal, J.

In case FIR No. 38 of 1983 of Police Station Lopoke, under Section 9 of the Opium Act, Balkar Singh petitioner was put up on trial before the Judicial Magistrate Ist Class, Ajnala. On the conclusion of the trial he was convicted of the offence under Section 9 of the Opium Act for having been found in possession of 5 kgs. of opium on 8.1.1983 by SI/SHO Balwant Singh of Police Station, Lopoke and was sentenced to undergo rigorous imprisonment for 1 years and to pay a fine of Rs. 500/. In default of payment of fine to undergo further RI for three months vide order dated 21.3.1987.

Balkar Singh took the matter in appeal to the Court of Session. In appeal, the learned Additional Sessions Judge, did not find any fault, so far as conviction is concerned. He, however, reduced the sentence to one year''s RI and fine of Rs. 500/ or in default to undergo further RI for three months.

Balkar Singh feeling dissatisfied with the order passed by the Additional Sessions Judge has yet come up in this revision challenging the conviction and sentence recorded against him by the two courts below and has prayed for his acquittal.

The prosecution case set up by the trial court was that on 8.1.1983, SI Balwant Singh Station House Officer of Police Station Lopoke was going from village Kuhala towards village Beharwal alongwith ASI Harmel Singh, HC Santokh Singh, Constables Natha Singh, Sangat Singh and Om Parkash and when they reached near the turning point on the metalled road that leads to village Sahura, Balkar Singh and one Bachhan Singh were seen coming from the side of Village Sahura through the fields. On suspicion they were apprehended. On personal search of Balkar Singh accused, opium weighing 5 kgs was recovered lying wrapped in a glazed paper in the gunny bag. Out of the recovered opium, 20 grams was taken as sample. Sample opium was made into a sealed parcel and the remaining opium was put in the same glazed paper and then in the gunny bag, which was also made into sealed parcel. Those resealed parcels containing opium were taken into possession vide memo Ex.PA attested by ASI Harmel Singh, HC Sangat Singh. Ruqa Ex. PB was sent to the Police Station for registration of the case against the accused, on the basis of which, case was registered vide FIR Ex.PB/1; rough site plan Ex.PC was prepared at the spot with correct marginal notes. On return to the police station, sealed parcels were deposited by Balwant Singh, SHO with the MHC of the Police Station. Sample of opium was sent to the Chemical Examiner for Chemical Examination, who vide his report Ex.PD found that the sample contained opium containing 3.6% Morphine. After investigation, the accused was challaned.

I have heard the learned Assistant Advocate General, Punjab, and have gone through the record.

I do not see any reason to hold that SI Balwant Singh and ASI Harmel Singh, should not be believed. In my opinion, they were rightly believed by the two courts below. They have corroborated each other on all material particulars touching the prosecution case. I do not find any material discrepancies in their statement affecting the truthfulness of their version. In this case, the Court cannot insist upon that there should have been corroboration to their testimony by independent evidence because SI Balwant Singh etc. were proceeding on routine duty. In my opinion, the two courts below justifiably convicted the petitioner. opium recovered from the possession weighs 5 kgs. This case is 15 years old. The accused was 60 years old at the time of recovery of Opium from his possession. He is now 7075 years old. He is thus in the evening of life.

In my opinion, he should be given one opportunity to reform himself and to follow the path of rectitude. So, instead of sentencing him at once to any punishment the sentence of imprisonment imposed upon him is suspended and it is ordered that he shall be released on probation of good conduct on his furnishing personal bond in the sum of Rs. 5000/ together with surety bond in the said amount for a period of two years, under Section 4 of the Probation of Offenders'' Act, 1958. During this period, he shall undertake to be of good behaviour, shall not commit any offence and shall appear to receive sentence whenever called upon to do so during this period. He shall pay Rs. 5000/ as costs of the proceedings to the State incurred by it is his trial in all these courts. He shall furnish necessary bonds and also deposit Rs. 5000/ in the Court of Ilaqa Magistrate trying cases relating to Police Station Lopoke District Amritsar, on or before July 15, 1998. Sentence passed by the two courts below upon Balkar Singh is thus modified.

For the reasons given above, this revision fails so far as conviction is concerned but succeeds so far as sentence is concerned, which is modified as indicated above.