KASTURI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KASTURI Lal petitioner has challenged his conviction and sentence of R.I. for two years and fine of Rs. 5000/ - in default R.I. for six months under section 9 of the Opium Act.

(2.) THE prosecution case in brief is that on 18.7.1980 Kulwant Singh City Inspector, Ludhiana while investigating a case under section 9 of the Opium Act against one Arun Kumar got information from him that his other counter -part Kasturi Lal was also in possession of opium near Samrala Road, Ludhiana. The Inspector deputed A.S.I. Sardara Singh and H.C. Krishan Lal and some other police officials to apprehend the suspected person. When the party reached near the Shingar cinema, Kasturi Lal petitioner was found present there holding two attache cases. He was apprehended. The attache cases were searched. Each of the attache case was found containing 20 kg. of opium. The sample of opium from both the attache cases was taken and sent for chemical examination. According to the report of the Chemical Examiner, the sample contained morphine.

(3.) THE prosecution evidence consists of the statement of two police officials, namely PW 1 Krishan Lal HC and PW 2 Sardara Singh A.S.I.