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2002 Supreme(P&H) 1406

R.L.ANAND
Balwant Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

R.L.Anand, J.

1. Shri Balwant Singh has filed the present criminal revision and it has been directed against the judgment dated 11.6.1991 passed by the learned Addl. Sessions Judge, Bathinda, who affirmed the judgment and order dated 9.11.1990 passed by Judicial Magistrate Ist Class, Mansa, who convicted the petitioner under Section 9 of the Opium Act and sentenced him to undergo RI for 1-1/2 years and to pay a fine of Rs. 200/- and in default of payment of fine to undergo further RI for one month for allegedly having been found in possession of opium weighing 3 Kgs 500 grams without any licence or permit.

2. The brief facts of the case are that on 9.10.1983 ASI Manjit Singh along with other police officials was going from village Golewala to Kulawala for patrolling on the pavement of Khara Canal and when they reached in the area of village Kulawala on the bridge, the petitioner was found coming from the opposite side and on seeing the police party he tried to slip away and on the basis of suspicion he was apprehended. At that time the petitioner was carrying a Jhola which contained opium weighing 3-1/2 Kgs wrapped in a glazed paper. The Thanedar separated a sample and the







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