MOHAN LAL Vs. STATE

JUDGEMENT

(1.) The Applicant was convicted Under Section 60(a) of the Excise Act and sentenced to two months' rigorous imprisonment. He went up in appeal. The Sessions Judge maintained the conviction but converted the sentence of imprisonment into one of a fine of an amount fixed by him at Rs. 200/- . The Applicant has come in revision and challenged the correctness of the finding that the article recovered from his possession was a prohibited article.

(2.) Seventy packets of charas, one packet (of ganja and three packets of bhang were alleged to have been recovered from the possession of the Applicant on 11-7-1966. The bhang which was found in his possession was less than the quantity which he was allowed to carry and the packets which were supposed to contain charas were found to contain some article which was not charas. No case could, therefore, be made out against the Applicant so far as these two articles were concerned.

(3.) The third packet which was supposed to contain ganja was believed by the Magistrate to contain that article, its quantity being two mashas.