HUKUM CHAND Vs. STATE

JUDGEMENT

(1.) This is a revision by one Hukum Chand who was prosecuted under Section 6 (a) of the poisons Act (Act No. XII of 1919) for being in possession of a number of poisons without any licence for the same as required under Rule 3 of the rules framed under Section 2 of the Poisons Act.

(2.) The applicant was convicted by the trial court and sentenced to a fine of Rs. 50/- or, in default to undergo three weeks simple imprisonment. The trial court further ordered that the poisons recovered should be confiscated and disposed of to some other licensee under the orders of the District Magistrate. The applicant filed a revision application before the learned Additional Sessions Judge. Aligarh. This revision application having been dismissed, the applicant has filed the present revision application in this court.

(3.) It appears that the applicant's brother Sughan Chand possessed a licence entitling him to sell certain poisons. He died on the 27th August 1949. At the time of his death, there was in his possession a number of poisons viz., Sankhya 2 Tolas. Singya 8 1/4 Tolas, Kuchla 44 Tolas, Ras Kapoor 16 1/2 Tolas, Mansal 4 1/2 Tolas Dai Chikna 9-6/16 Tolas and Hartal 61-14/16. Tolas. He possessed them as a duly authorised licensee for sale.