OM PRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 5.1.1983 passed by the 1st Additional Sessions Judge, Ujjain in Criminal Appeal No. 161 of 1982 whereby conviction of the petitioner under Sec. 9(a) of the Opium Act, 1878 (for short the Act) and sentence of rigorous imprisonment for one year and fine of Rs. 1000/- passed there under in Cr. Case No. 2063/75 of the Court of Addi. Chief Judicial Magistrate, Ujjain have been maintained.

(2.) According to the prosecution story as embodied in the first information report (vide Ex. P-4) recorded by the Town Inspector Harpalsingh (P.W. 4), Station House Officer Jiwaji Ganj, Ujjain, it was on the basis of information from an informer to the effect that Kamal Kishore, co-accused of the petitioner resident of Nal-Kheda (since acquitted by the trial Court) had with opium in an attache come to him (the petitioner) residing at Ujjain and was to attempt sale of the same to some one near Subji-mandi, cross-road that the machinery of the police was set in motion. Hariram Chouhan, Sub-Inspector Narcotics (P.W. 3) was also informed. Panchas were summoned and they all waited for the miscreants to come. Khayali Ram had also reached the spot.

(3.) At 8.45 p.m. the petitioner with an attache case in his hand, busy in conversation with Kamal Kishore was seen coming. They were apprehended and from the attache case 1 Kg. and 850 gms of opium was recovered.