BISAHULAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has been convicted for possession of opium, punishable under section 9 (a) of the Opium Act, and has been sentenced to three months rigorous imprisonment.

(2.) IT has been found by both the Courts below that when the house of the petitioner was searched a Dabba (small box) containing raw opium, was recovered from behind the idol of Shri Hanumanji. In fact, this was admitted by the accused. His plea was that his school going son found it lying on the road some -where and it was he who put it behind the idol. The learned trial Magistrate as also the appellate Court have disbelieved the defence in my opinion, rightly. It is unnecessary to repeat the reasons stated by the appellate Court in detail.

(3.) THE seizure memo (Ex. P/1) clearly shows that the weight of the opium, including the Dabba, was 80 grams and this is also clear from the statement of C.G. Jaiswal, Excise Inspector (P.W. 1). He admitted in cross -examination that the weight 80 grams included that of the Dabba. This appears to have escaped notice of the Courts below. The charge mentions 81 grams of opium; the judgment of the Magistrate mentions 80 grams of opium "JO APHIM BARAMAD HUI HAI WAH 80 GRAM KE LAGBHAG HAI JO KAPHI MATRA HAI" and the judgment of the Additional Sessions Judge also mentions "a Dabba containing 80 grams of raw opium". Since the weight of the Dabba is not known, it is difficult to say whether the weight of the opium was 79 grams or 1 gram.