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1999 Supreme(P&H) 122

N.K.AGRAWAL
Chaman Lal – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.S. Kalra, Advocate.
For the Respondent: Mrs. Ravinder Kaur Nihalsinghwala, AAG, Punjab.

ORDER

N.K. Agrawal, J. - This is a revision petition against the order of conviction and sentence passed against Chaman Lal under Section 9(a) of the Opium Act. The accused was tried by the Sub Divisional Judicial Magistrate, Jagraon, for the offence under Section 9(a) of the Opium Act and sentenced to simple imprisonment for four months and fine of Rs. 200/- (or in default of payment of fine to further simple imprisonment for one month). The Additional Sessions Judge, Ludhiana rejected his appeal.

2. The case of the prosecution was that on January 1, 1984, Head Constable Baldev Singh and three Constables including Surinder Pal Singh of Police Station Jagraon were proceeding from Village Kaonke Kalan to Village Dangian on patrol duty. They saw the accused, Chaman Lal, at about 9.20 a.m. The accused had wrapped himself with a cotton blanket (Khes). The police officials made some enquiries and thereafter conducted a search of the cotton bag hanging on the right shoulder of the accused. Opium weighing 2 Kgs. was found in the bag. Sample of opium weighing 10 gram was taken and was sealed in a separate parcel. The remaining opium was also separately sealed by the Head Constable, Baldev








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