KAILASH CHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition is directed against the appellate judgment and order dated 23-8-1985 passed by the Sessions Judge, Mandsaur disposing of Criminal appeal No. 116 of 1984 (Kailash vs. State) and Criminal Appeal No. 117 of 1984 (Uda vs. State) whereby the petitioners' convictions under section 9 (a) of the Opium Act, 1878 (for short the 'act') and the sentence of rigorous imprisonment for 3 months and fine of Rs. 1000/- and in default, simple imprisonment for one month have been maintained.

(2.) ACCORDING to the prosecution case on 6-4-1984 at about 11. 45 p. m. 4 kgs. of opium were recovered from the possession of the petitioners who were then near bisanya Dak Bungalow. Seizure was effected in the presence of Khursheed Ali (P. W. 2) and Shafi Mohammad (P. W. 6 ).

(3.) AT the conclusion of the investigation the petitioners were prosecuted with the result already stated.