NENCHAND DHULABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of an order passed on 13-11-67 by Mr. D. C. Mehta the Chief City Magistrate Ahmedabad in Summary Case No. 403 of 1967 whereby the appellant accused No. 1 came to be convicted and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500.00 or in default to suffer further rigorous imprisonment for one month for an offence under sec. 66A of the Bombay imprisonment Act hereinafter to be referred to as the Act. The accused No. 2 happened to be the wife of accused No. 1 and she also came to be convicted and sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 50.00 or in default to suffer rigorous imprisonment for seven days for the same offence.

(2.) While the appeal of accused No. 1 was being heard a notice was directed by this Court to issue to the Government Pleader to show cause why the order of conviction and sentence passed against accused No. 2 should not be set aside. The learned Government Pleader has waived the notice and has also appeared in that matter. Since both the matters arise out of a common judgment they have been heard together and a common judgment is recorded.

(3.) On receipt of some information by the Inspector of Police Shri Musabhai Umarji on 8-2-63 that there was some opium in the house of accompanied by his staff and two panchas proceeded to the house of accused No. 1. While the accused No. 1 was sitting in his verandah his wife accused No. 2 was inside the house. Musabhai asked the accused to produce the opium if they had in their possession Both of them house. That led Shri Musabhai to search the house. In that search he found a wooden box which contained gloss powder Therein he also found two Packets each containing 116 grams of opium. Since the accused were found to have no pass or permit for possessing the same they attached those two packets. The necessary formalities of sealing the same were done and they were then sent to the Chemical Analyser at Baroda for analysis. The report Ex. 7 showed that those packets contained opium. After finishing the investigation of the case the charge-sheet against the accused was sent up to the Court of the Chief City Magistrate.