MAHABIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 500/- in default further rigorous imprisonment for six months, under Section 9 of the Opium Act by the trial Magistrate. His conviction and sentence were upheld by the lower appellate Court. The petitioner came up in revision. The same was admitted by Surinder Singh, J. vide his order dated 22nd January, 1985.

(2.) THE petitioner was found in possession of 5 kg 100 gm of opium on 9th November, 1980, when he was apprehended by Head Constable Sewa Singh. A simple was taken out of the same and sent to the Chemical Examiner for chemical analysis. According to the report of Chemical Examiner, the sample was found to contain morphine.