ATMACOORI RAMAMURTY Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the appellate judgment of the Additional Sessions judge of Berhampur maintaining the conviction of the petitioner under Section 9 (a) of the Opium Act and the sentence of one year's rigorous imprisonment passed on him by a First Class Magistrate of Berhampur.

(2.) THE petitioner is a shop keeper of Berhampur town having a godown there. On 25-6-1958 his shop was raided by the Excise Sub-Inspector (P. W. 1) at 10 A, M. and a bag containing 16 seers of poppy capsules was recovered.

(3.) HIS godown was also searched and 29 bags containing 13 maunds of poppy capsules were recovered from there. The petitioner took the plea that the articles recovered from his shop and godown were dried pomegranate shells and not poppy capsules, but this plea was rejected and he was held guilty of the offence.