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1987 Supreme(P&H) 168

UJAGAR SINGH
Mohinder Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashok Bhan, Senior Advocate with Mr. B.K. Garg, Advocate.
For the Respondent:Mr. Dinesh Ghai Advocate for Advocate General, Punjab.

JUDGMENT

Ujagar Singh, J.:- The petitioner has been convicted under Section 9 of the Opium and has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/- and in default of payment of fine, the petitioner was to further undergo rigorous imprisonment for three months by the trial Court. His appeal having failed before the Additional Sessions Judge, he has come in revision and has challenged the order of conviction and sentence of both the Courts below.

2. Police party consisting of Baldev Singh Head Constable. constables Jagat Singh, Surbir Singh and Harnail Singh was proceeding towards G.T. Road Sirhind through the bye pass there and the petitioner was stopped with a Jhola in his right in his right hand. The petitioner while coming from the side of village Brahman Majra was intercepted near railway crossing and on the search being made three kilograms of opium was recovered. Out of the same 20 grams was taken out as sample. The sample as well as the residue were sealed in the two different sealed parcels bearing the seal of B.S. and seizure memo Exhibit PA was prepared. Ruqa Exhibit PB incorporating the facts were sent to the police station and firs


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