STATE OF ORISSA Vs. GELLI DEI AND ANR.

JUDGEMENT

(1.) THE facts giving rise to this appeal are as follows. On 26 -6 -1958 p.w. 1, an Excise Sub -Inspector of Puri Sadar raided a room said to have been in the occupation of one Brahmandnda Mohanti in Sriram Kuteer in Mali Sahi in the town of Puri. On search of the room the key of which was delivered to p.w. 1 by one Gelli Dei (Respondent No. 1 in this appeal) Brahmandnda (Respondent No. 2) being absent and opening the said room 5 bags weighing a bout 4 1/2 maunds of dry capsules of poppy in powdered and crushed form and one scale and five weights were found, each bag containing about 36 seers. P.W. 1 seized the 5 bags of capsules (M.O. I series) and the scale and weights (M.O. II series) and prepared a seizure list (Ext. 1). Again on 1 -7.1958, p.w. 1 and the staff surrounded the very same house and seized two postcards (M.O. III series) alleged to have been written by Brahmandnda to accused Gelli. One sign -board (M.O. IV) was also seized by him under seizure list (Ext. 1). M.O. III series, namely, the letters said to have been sent by Brahmandnda from Dhenkandl to Gelli Dei at Puri purporting to have said something about the stock of poppy capsules and the sale thereof. M.O. IV, the signboard purports to give a notice to the public that crushed seeds of poppy are old there. Being armed with these materials, p.w. 1 submitted a prosecution report against accused Gelli Dei alias Udia (Respondent No. 1) and Brahmandnda Mohanti (Respondent No. 2) for the alleged offence under Section 9 of the Opium Act, 1878 (I of 1878) read with the amending Sections 3 and 9 of the Opium Laws (Amendment) Act, 1957 as they were found to be in illegal possession of dry capsules of poppy in cut and accused form.

(2.) THE prosecution has examined some witnesses to prove that the accused persons were in possession of the room from which the alleged recovery was made and that they are liable to be punished under law of contravention of the provisions of the Opium Act.

(3.) THE Government of Orissa after the amendment came into force issued a press note under the authority of the Revenue Department dated 2 -8 -195S published in the Orissa Gazette announcing that the possession of such capsules as included in the Above definition of opium is illegal. Soon after on 6 -8 -1958, a local paper caned 'Prajatantra' published such press note in Oriya for the information and guidance of the Orissa public.