Judgment

CHANDRACHUD, J. :- The learned Judicial Magistrate, 1st Class, Sunam convicted the appellant under Section 9 of the Opium Act. for being in possession of over 1 Kg of opium without a licence and sentenced him to suffer rigorous imprisonment for 8 months and to pay a fine of Rs. 500/-. The order of conviction and sentence was confirmed in appeal by the learned Sessions Judge, Sangrur, and in revision by the High Court of Punjab & Haryana. This appeal by special leave is directed against the judgment of the High Court.

2. According to the prosecution, the appellant was arrested on June 9, 1968 under Section 54 of the Code of Criminal Procedure. While he was in the police lock-up, he is alleged to have made a statement that he had kept a tin containing opium in his house. Gurdev Singh, the Station House Officer of the Lehra police station, asked a constable to secure two Panchas and thereafter the police party went to the appellant s house. It is said that the appellant produced a tin of opium weighing 1 Kg. and 300 gms. and handed it over to Gurdev Singh.

3. The appellant examined seven witnesses in support of his defence that it was on June 8, 1968 that he was put under arres