STATE Vs. MOHAN PATRA

JUDGEMENT

(1.) THIS is an appeal by the State of Orissa directed against an order of acquittal of the respondent, recorded by the Sessions Judge of Mayurbhanj in Criminal Appeal No. 38 -M of 1959.

(2.) THE prosecution case was that the respondent's house was raided on December 29, 1958, at about 7 A. M. in the presence of P. W. 2 and other search witnesses. The house of the respondent was a single -roomed house wherefrom opium weighing about half a tola was recovered. Admittedly the respondent had no permission for possession of that quantity of opium. Accordingly he was charged under Section 9(a) of the Opium Act.

(3.) THE Government Advocate in support of the appeal contended that the search was conducted after the personal search of the police officer and the search witnesses in the presence of the respondent. Hence the judgment of the Court of appeal is vitiated by error of record. On a perusal of the prosecution evidence, it appears that P. W. 2 had stated that the accused was also present at the time when he and Kailash Giri (another search witness) gave personal search to the Sub -Inspector.