POONA Vs. STATE

JUDGEMENT

(1.) THIS is a revision against conviction of the applicant under S. 9 (a) and (b) of the Opium Act.

(2.) THE applicant Poona was found to have been carrying on his cycle carrier a Tin box which was found to contain 14 seers of opium in one paper packet. On the cycle the name of one Ramgopal was engraved. The applicant ana Ramgopal Were prosecuted but Ramgopal has been acquitted, whereas the applicant convicted as stated above.

(3.) THE applicant first of all challenged the finding about possession, at least of conscious possession of the article. He suggested that while he was going he was asked to carry the article, the contents of which he did not Know. Such a story can hardly be believed. The packet contained 14 seers of contraband opium, and there is no evidence that somebody at some time asked the applicant to carry away this article. This story of the applicant has therefore been rightly rejected.