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1974 Supreme(P&H) 43

A.D.KOSHAL
Ravel Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

A.D.Koshal, J.

1. By this judgment, I shall dispose of four petitions under section 439 of the Code of Criminal Procedure, being Criminal Revisions Nos. 624, 626, 658 and 661 of 1972 in which a common question of law has been raised and in each one of which the petitioner seeks the revision of the judgment of an Additional Sessions Judge dismissing his appeal against his conviction of an offence under section 9 of the Opium Act and the sentence imposed upon him in consequence.

2. In Criminal Revision No. 624 of 1972, the petitioner is Rawel Singh, aged 45 years, a resident of Patiala. He was said to have been apprehended on the 16th December, 1970, by Head Constable Surjit Singh and to have been found in possession of 300 grams of opium. The fact that the substance recovered from him was opium was sought to be proved at the trial by means of affidavits, Exhibits PE and PF. The former purports to be a statement on oath by Baldev Krishan, Constable No. 856, and the later by Joginder Singh, Constable No. 262, of the C.I.A. Staff, Patiala. The contents of these affidavits, in a nutshell, were that a sample of the substance recovered from the petitioner remained in the custody o



















































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