CHOTTA LAL ALIAS KUKOO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHHOTTA Lal alias Kukoo petitioner was convicted under Section 9(a) of the Opium. Act and sentenced to 2-1/2 years rigorous imprisonment and a fine of Rs. 3500/- by the Judicial Magistrate Ist Class, Sunam, on 7th March, 1980. On appeal, the conviction and sentence of the petitioner was maintained by the Additional Sessions Judge, Sangrur. He has new come up in revision.

(2.) ON 3rd May, 1978, Sub-Inspector Gurnam Singh alongwith some police officials was going from village Bahadur Singh Wala to Moonak in a Government jeep in connection with excise checking. When he was on Jakhepal-Patran road in the area of Lehra, he received secret information and on that basis a case was registered against the accused in the police station. Thereafter Baja Singh was joined in the police party. About 1-1/2 hours thereafter, the accused came on a motor-cycle. He was stopped and his person was searched. 10kgs. of opium, wrapped in a glazed paper was recovered from the iron basket attached to the motor-cycle. The sample of opium recovered was sent to the Chemical Examiner and the same was subsequently found be opium.

(3.) FACED with the uphill task of challenging the conviction on merits, within the confines of the revisional jurisdiction, Mr. Harbans Singh very fairly conceded that he was unable to do so.