CHANDRA WATI Vs. STATE

JUDGEMENT

(1.) In this criminal revision Smt. Chandra Wati has challenged her conviction under Section 61 of the Punjab Excise Act and the sentence of rigorous imprisonment for 18 months with fine of Rs. 1000.00 or in default to undergo further rigorous imprisonment for six months.

(2.) Vide judgement dated 9th- May, 1958, she was convicted under Section 61(l)(a) of Punjab Excise Act and was awarded the aforesaid sentences vide order dated 15th May, 1985, by the Metropolitan Magistrate. She challenged her conviction and order of sentence by way of filing an appeal which was ultimately dismissed by an Addl. Sessions Judge Delhi on 8th December, 1990. Still being aggrieved from the findings recorded by the two Courts below, she has now filed this revision petition.

(3.) This case relates to an incident of 10th August, 1977. The allegations of the prosecution in brief had been that on that day S.I. Gian Singh while accompanied by other officials organized a raiding party on getting a secret information in which besides the police officials, one Parshotam Lal, witness from the public was joined and the petitioner was apprehended having charas which on weighing was found to be 10 kg. and 600 gms. 100 gms. was separated as sample and thereafter the two parcels were separately seated with the seal of G.S. and were taken into possession after preparing a seizure memo. It is also the case of the prosecution that CFL-form was filled up and seal after use was handed over to the public witness namely Parshotam Lal. The case property as per the prosecution story was deposited with the Mohrar Malkhana and the sample on analysis was found to be Charas. It is in these circumstances that the petitioner is stated to have committed an offence under Section 61-1-14 of the Punjab Excise Act and so she was challaned.