THE STATE Vs. MONTIER

JUDGEMENT

(1.) ACCUSED Montier was convicted by the Sub -Divisional Magistrate, Sendhwa, for offences under S. 9(a), (b) and (c), Opium Act, and was sentenced to simple imprisonment for four months under each count and to pay a fine of Rs. 300/ - for each of the offences. In default of payment of fine the accused was to undergo a further term of simple imprisonment of two months for each of the offences. He was further convicted under S. 46(2) of the

(2.) AGAINST this decision the accused preferred appeal to the Sessions Court and the learned Sessions Judge set aside his conviction under the provisions of the latter Act. He also set aside the conviction of the accused under S. 9 (c) but maintained his conviction under S. 9 (a) and (b) of the Opium Act. He further passed a single sentence of four months' simple imprisonment and a fine of Rs. 500/ - and in default of payment of fine the accused was to undergo simple imprisonment for two months.

(3.) FIRSTLY it was contended that separate sentences ought to have been awarded in respect of each of the offences under S. 9 (a) and (b) instead of a single sentence. Secondly it was contended that the sentence awarded was grossly inadequate.