PURANMAL AGARWALLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by special leave is limited to the question 'whether transport includes possession, and so the double punishment for possession and transport is not warranted by law' as stated in ground (xi) of the petition for special leave.

(2.) On the facts found there can be no question that the appellant went in a rickshaw from the Sambalpur Road Railway Station to the State Transport Bus Stand with a trunk and a bedding in order to proceed to a place called Bargarh. He bought a ticket for Bargarh and took his seat in the bus after loading his trunk and bedding on top of it. On information received by the Officer-in-charge of Sadar Police Station of Sambalpur, the bus was detained near the police station, while on its way, and all the trunks and beddings on it were unloaded, and the passengers of the bus were asked to take their respective trunks and beddings. The passengers took their trunks and beddings. One trunk and a bedding, however, remained on the ground. The appellant claimed the bedding to be his own, but denied the trunk to be his property. The bedding and the trunk were brought to the thana and the trunk was opened. The trunk contained opium weighing six seers and six and half chhataks. On the facts found, the trunk was identified as that of the appellant, and there can be no question that he was in possession of the opium. The only question for consideration, having regard to the limited ground upon which special leave was granted, is whether the appellant could also be punished for being in possession of opium, as it is suggested that 'transport' includes 'possession'.

(3.) The appellant was sentenced under S. 9 (a) for 'possession' of opium and under S. 9 (b) for 'transport' of opium, and sentenced to undergo rigorous imprisonment for three months under each count, the sentences to run consecutively.