SREENATH MALAKAR Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order of conviction and sentence under Section 46, Bengal Excise Act (Act V of 1909) for unlawful possession of a quantity of 'charas', an intoxicant. The petitioner was sentenced to 3 months' rigorous imprisonment and the intoxicant concerned was confiscated under Section 63 of the said Act.

(2.) The prosecution case against the petitioner was as follows: On 17-5-1954; he was found carrying a leather portfolio which when opened was found to contain two cloth bundles, each containing 2 3/4 seers of 'charas'. Upon research of the person of the petitioner a paper packet containing 1/4 seer of 'charas' was recovered from his pocket. In respect of the said quantities of 'charas' a seizure list was prepared in presence of witnesses who signed it. The petitioner could not produce any license or permit when asked to account for his possession of the offending intoxicant. The samples taken of the 'charas' were sent to the Chemical Examiner who upon proper analysis found the commodity to be 'charas .

(3.) The petitioner's defence was that he had been mistakenly identified as the culprit.