STATE OF MADHYA PRADESH Vs. NANDA DHANNA TELI

JUDGEMENT

(1.) THIS is an appeal Under, Criminal Procedure Code preferred by the State against the order of acquittal recorded by the First Class Magistrate Ratlam in Criminal Case No. 284 of 1959-

(2.) IN that case three persons Nanda, Narayan and Verda were prosecuted for an offence Under Section 9 a of the Opium Act. The learned Magistrate found that the Article called Kachhi Afeem weighing four pounds was recovered from the possession of the three accused persons but the prosecution had failed to prove that the article which was thus called 'afeem' in evidence was opium as denned Under Section 3 of the Indian Opium Act of 1878. The learned Magistrate in this connection relied upon the decision of Razzaque, J. in Criminal Revn. No. 269 of 1961, Kalian v. Stats of Madhya Pradesh decided on 22-11-1961.

(3.) WE have just now delivered judgment in Criminal Appeal No. 361 of 1962: