Amar Dutt, J. - (1.) Banarsi Dass has filed the present revision against the judgment of the Additional Sessions Judge, Amritsar, by which, while upholding the conviction, the sentence was reduced from 21/2 years to 11/2 years R.I. and fine of Rs. 2500/- to Rs. 1500/- and in default of payment of fine, the petitioner was required to undergo a further imprisonment of 4 months.
(2.) The petitioner had been apprehended by ASI Gurmail Singh of Police Station Division 'C' Amritsar, on 21.8.1982 when he tried to slip away on seeing the police party which was patrolling the area between Bhagtanwala and Mule Chak. His apprehension had lead to the recovery of 11 kgs of opium and after completion of investigation, challan was presented against him in the trial Court. The petitioner was tried for offence under Section 9 of the Opium Act (hereinafter referred to as the Act) and the prosecution had examined HC Surjit Singh and SI Gurmej Singh. Besides, relying upon Ex. PE the report of the Chemical Examiner and affidavits given by the formal witnesses, the trial Court, after finding the charge proved against the petitioner, had rejected the petitioner's prayer for being released on probation. Upon appeal meeting the same fate, the petitioner has filed the present revision.
(3.) I have heard learned counsel for the parties and perused the record.;