YUDHISTIR PRADHAN Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 9(a) of the Opium Act and Section a(b) of the Orissa Opium Smoking Act (Orissa Act XVI of 1947) and sentenced to rigorous imprisonment for one month under the former and fifteen days under the latter count. Both the sentences are to run concurrently.

(2.) THE prosecution case is that on 31 -10 -1965 at about 10.00. A.M. the Sub -Inspector of Excise (p.w. 1) searched the home of Petitioner and seized, in all 116 grams of crude opium used for opium smoking. Accordingly, he was put on trial for offences under Section 9(a) of the Opium Act and Section a(b) of the Orissa Opium Smoking Act. Petitioner, in defence, made a complete denial of the search or seizure of the opium and opium smoking apparatus from his house on the date in question.

(3.) LEARNED Counsel for Petitioner challenges the validity and correctness of the convictions and sentence under Section a(b) of the Orissa Opium Smoking Act on the following two grounds: (1) The conviction under this charge is illegal, because the requirements of Section 13 of the Act were not complied with and (2) as the Act does not define the nature of apparatus used for opium smoking, the articles seized from Petitioner's house, even if the prosecution evidence is believed, cannot constitute an offence, as the said articles are also used for other innocent purposes.