DUTI DEI AND Vs. THE STATE

JUDGEMENT

(1.) THESE are two petitions filed by two persons convicted under Sections 7, 8 and 9 of the Orissa Opium Smoking Act (XVI) of 1947. Duti Dei, Petitioner in Criminal Revision 367 of 1954 has been convicted under Section 8 and 9 of the Act for possessing and keeping a house used for the purpose of opium -smoking, Bhimsen Das, Petitioner in Criminal Revision 405 of 1954, has been found guilty under Section 7 of the Orissa Opium Smoking Act, for being a member of the smoking assembly. Each of the accused persons has been sentenced to four months R.I.

(2.) THE case against Petitioner Duti is that she is the owner of the house in which the assembly was found smoking and that she is running the house for the purpose of carrying on the business of opium -smoking. Her case was that she was not the owner of the house j and she sought to support this plea by a statement elicited from P.W. 3 in his cross -examination in which he said that the house in which the accused persons were found belonged to one Gelhi Bewa. There is no evidence to show how Petitioner Duti Dei was related to Gelhi Bewa, but the Excise witnesses stated that they ascertained from the villagers that the house belonged to Duti Dei herself. P.Ws. 1, 3 and 4 however, admitted that Duti Dei was present when the house was raided by the excise staff, and the assembly was taken by surprise, The incriminating articles found were M.Os. I to IV and these consisted of a smoking pipe, an earthen pan, some pills alleged to be opium and some dry leaves alleged to be used for the preparation of the smoking mixture.

(3.) IT is pointed out, however, that she is a young woman of 22 years of age and that the sentence of four months R.I. is too harsh. I am inclined to accept this contention and would accordingly substitute a sentence of fine of Rs. 50/ -in place of the sentence of imprisonment in default of payment of fine, she will undergo Simple Imprisonment for two months.