It is in the evidence of PWs 1 and 2 that the suit case in which the companytraband, namely, opium weighing 9 kilograms was found kept underneath the feet of the appellant himself and the suit case and the attache case were found locked.
The attache case was found to companytain 9 kilograms of opium wrapped in glazed paper and companyered by clothes.
The appellant feeling aggrieved by the judgment of the trial companyrt filed an appeal before the First Appellate Court which affirmed the judgment of the trial companyrt and dismissed the appeal but reduced the sentence of imprisonment from 3 years to 2 years while retaining the fine amount with the default clause.
On a tip off, the police party companysisting of PWs 1, 2 along with four companystables and one Darshanlal intercepted a taxi bearing Registration No.
The taxi was driven by the driver cum owner PW 3 .
The keys for opening the suit case as well as the attache case were furnished only by the appellant himself.
P1 which was lying underneath the feet of the appellant was opened by the key furnished by the appellant.
The companytraband, the clothes, the suit case and the attache case were all recovered under Ex.
As against the judgment of the First Appellate Court the appellant preferred a revision before the High Court which dismissed the revision in limine.
P NO 1497 in which the appellant was found travelling.
PA attested by two witnesses, namely, section Pal PW 3 and Darshan Pal number examined .
One briefcase Ex.
P2 which was also opened by another key furnished by the appellant himself.
Hence this present appeal.
