LAXMAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This criminal revision is directed against the appellate judgement dated 1-7-1985 passed by Sri C.R. Pal, Sessions Judge, Ganjam, Berhampur, in Criminal Appeal No. 59 of 1984 upholding the conviction and sentence dated 4-2-1984 passed by Sri S.K. Patel, Additional Chief Judicial Magistrate, Berhampur, in 2(a) C.C. No. 257 of 1982 convicting the petitioner under Section 9(a) of the Opium Act and sentencing him to undergo R.I. for two years and to pay fine of Rs. 1,000/- and in default to undergo R.I. for two months.

(2.) The short and relevant facts are that on 30-8-1982 at about 8.30 a.m. the accused-petitioner was coming from Janana Hospital side towards Kommapalli in Berhampur town. On suspicion he was detained by Nrusingha Charan Dhir, S.I., Excise (P.W. 1) near Tata Benz crossing. The bag of the accused was searched and it was found that the bag contained 3-450 Kgs. of contraband opium wrapped in a plastic paper. There was also another bundle containing the same quantity. A seizure list was prepared at the spot and after obtaining the signature of the accused on the seizure list a copy of the seizure list was given to the accused. After necessary further inquiry, P.R. was submitted and the accused stood his trial and stands convicted and sentenced as above.

(3.) In his defence the accused denied the seizure of the opium from him. He, however, took the plea that he was detained at the place as stated by the P.Ws. and the Excise Officer forcibly took his signature on the seizure list. The accused has also admitted his signature marked Ext. 1/1.