STATE OF ORISSA Vs. BASUDEB DAS

JUDGEMENT

(1.) THE accused respondent was acquitted on a charge of wrongful possession of 50 grams of alleged contraband opium near Jharsuguda Railway Station. The ground on which the learned Magistrate acquitted the accused respondent is that the prosecution has not successfully proved the contents of the packet seized (M.O. I) to be opium within the meaning of the Act. In support of the order of acquittal he relied on a decision of the Andhra Pradesh High Court In Re, Ramapuram Ayyanna, AIR 1963 Andh Pra 334 where it was held that a conviction under Section 9(a) of the Opium Act by the Magistrate based solely on his identification of the substance as opium depending on his own observations and sense of smell and without sending it to chemical examiner or calling for an opium expert is illegal since the Magistrate is not competent to decide the composition of morphine or the content if any of the other drug referred to in Section 2 of the Dangerous Drugs Act, 1930.

(2.) UNDER Section 3 of the Opium Act, 'opium' means : -

(3.) WHAT is the argument on behalf of the accused respondent ? It must be proved that it is opium. Whenever there is doubt it must be sent to an expert competent to determine the composition of the contents.