AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - On a tip off, the police party consisting of PWs 1, 2 along with four constables and one Darshanlal intercepted a taxi bearing Registration No. PNO 1497 in which the appellant was found travelling. The taxi was driven by the driver-cum-owner (PW 3). One briefcase Ex.P 1 which was lying underneath the feet of the appellant was opened by the key furnished by the appellant. Inside the briefcase there was another small attache case Ex. P2 which was also opened by another key furnished by the appellant himself. The attache case was found to contain 9 kilograms of opium wrapped in glazed paper and covered by clothes. The contraband, the clothes, the suitcase and the attache case were all recovered under Ex.PA attested by two witnesses, namely, S. Pal (PW 3) and Darshan Pal (not examined). On this recovery the appellant was prosecuted before the trial court which on finding him guilty of the offence punishable under Section 9 of the Opium Act convicted thereunder and sentenced him to undergo rigorous imprisonment for, a period of three years and pay a fine of Rs. 2,000/ - in default to suffer imprisonment for a period of six months.

(2.) The appellant feeling aggrieved by the judgment of the trial court filed an apeal before the First Appellate Court which affirmed the judgment of the trial court and dismissed the appeal but reduced the sentence of imprisonment from 3 years to 2 years while retainin the fine amount with the default clause.

(3.) As against the judgment of the First Appellate Court the appellant preferred a revision before the High Court which dismissed the revision in limine. Hence this present appeal.