SATAR MASIAH Vs. STATE

JUDGEMENT

(1.) The petitioner had been convicted of offencesunder Section 61 of the Punjab Excise Act and Section 9 of the Opium Actand had been sentenced to rigorous imprisonment for six months and fine ofRs. 100.00 on first count and rigorous imprisonment for three months on thesecond. However both the sentences of imprisonment were made to runconcurrently. The conviction and sentence of the appellant has been maintained by the Additional Sessions Judge in appeal.

(2.) This revision petition was admitted only on the question ofsentence and notice to the State (C.B.I, in the instant case) was issued. Thesubmission made by the learned counsel for the petitioner precisely is thatthe petitioner is a young man with no prime shady antecedents and he is nota previous convict) rather he is carrying on his business of auto repair workshop at Amritsar and earn his livlihood by dint of hard work.

(3.) To have a peep into the facts under which the petitioner wasapprehended, the prosecution version may be briefly stated. On 6/11/1978 Shri R.N. Mishra, D.S.P. (C.B.I.) received some secretinformation and organised a raiding party comprising inter-alia two officialsof the Electricity Department. The raiding party went to Gali Kalyan KatraBaryan along with the informer who pointed towards two person: viz. thepetitioner and one Sant Singh who were standing by the side of a shop styled'Lovely Paints' near the entrance of the street, at the signal of the informerboth the persons were apprehended and the petitioner was found in possessionof a tin box which yielded 2kgs of hashish and 200 grams of opium.Similarly on search of the canvass bag which was carried by Sant Singh 3 kgsof hashish and 300 grams of opium was recovered. The submission of thelearned counsel for the State, however, is that according to the informationreceived by the Deputy Superintedent of Police both the persons wereindulging is trafficking of contraband opium and hashish. However, thereis no iota of evidence to support the allegation except the bald statement ofShri Misra.