IN RE: ANGAPPA MUDALIAR AND ANR. Vs. STATE

JUDGEMENT

(1.) ON the night of 25th July 1943, petitioner 1 was found in possession of half a cake of opium which he was carrying on behalf of petitioner 2 to the latter's opium shop at Barghur; and when asked to account for his possession, he produced a transport license issued in the name of petitioner 2, who is a licensed vendor. Petitioner 1 is a debarred person within the meaning of condition 14 in the vendor's license. Both the petitioners were convicted for offences punishable Under Section 9 (b), Opium Act, petitioner 1 for transporting the drug without a valid license, and petitioner 2 for employing a debarred person contrary to condition 14 of his license. So far as petitioner 1 is concerned, it is stated in the conditions governing the sale of opium that

(2.) THESE words are sufficiently wide to cover the transport of opium from one shop to another in accordance with the rules; and as the permit which petitioner 1 had in his possession was not issued in his name, his conviction Under Section 9(b) cannot be assailed.