SURAJBALI TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPLICANT /accused Surajbali Tiwari son of Ramadhar Tiwari resident of Shahdol, was convicted and sentenced to R.I. for 6 months and a fine of Rs. 500/ - and in default to undergo R.I. for 3 months under Section 9A of the Opium Act by the Chief Judicial Magistrate, Shahdol in Cr. Case No. 630/84 decided on 26 -9 -1987, and against this conviction and sentence applicant/accused Surajbali Tiwari had preferred an appeal before the Sessions Judge, Shahdol. In Cr. Appeal No. 50/87 decided on 1 -10 -1988 the conviction and sentence of the applicant/accused were maintained and the appeal was dismissed. Being aggrieved by the judgment passed by the Sessions Judge, Shahdol in Cr. Appeal No. 50/87, decided on 1 -10 -1988 this revision has been preferred on behalf of applicant/appellant Surajbali Tiwari.

(2.) ACCORDING to the prosecution, applicant/accused Surajbali Tiwari was found in illegal possession of about 10 gm. of opium on 10 -6 -1984 at Shahdol and the same was seized from him in the presence of witnesses. On examining the article seized from applicant/accused Surajbali Tiwari it was found to be opium. After investigation a charge -sheet was put up against applicant/accused Surajbali Tiwari in the Court of C.J.M., Shahdol.

(3.) ON behalf of the applicant it has mainly been submitted that the Courts below have committed an error in placing reliance on the sole testimony of Jayendra Singh (PW 1) who was also Investigating Officer in the case and as such he was an interested witness. There was no independent witness examined in the case on behalf of the prosecution to prove that the applicant/accused was found in possession of opium. It was further submitted on behalf of the applicant that the court below should have taken a lenient view while convicting the applicant. In the end, it was submitted that the conviction and sentence of the applicant/accused be set aside and he be acquitted of the charge under Section 9A of Opium Act.