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1977 Supreme(P&H) 86

S.S.SANDHAWALIA, S.P.GOYAL
State Of Punjab – Appellant
Versus
Ram Parkash – Respondent


Judgment

S.P.GOYAL, J.

1. The primary question involved in this appeal against acquittal is as to whether the evidence of the official witnesses is to be looked at with suspicion simply because no independent witness is taken along with the raiding party.

2. Amar Singh, Head Constable, accompanied by Excise Inspector Gurbans Singh and the other excise staff proceeded to conduct an excise raid at village Kanganwal on January 9, 1973, at about 10.30 A. M. When they reached the canal bridge near the Kanganwal distributory they noticed the accused (respondent) coming from the opposite side who on seeing the police party tried to slip away. He was, however, stopped by the Head Constable and from a search of his person 80 grams of opium wrapped in a piece of paper was recovered from the front pocket of his shirt. It was converted into two parcels and taken into possession vide memo Exhibit P.A. One parcel of 10 grams was sent for chemical examination and its contents were found to be opium.

3. On the basis of the above facts, the respondent was tried for an offence under S. 9 of the Opium Act and in support of its case the prosecution relied on the statements of P. W. 1 Gurbans Singh, Exc









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