PUSPADHAR SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE accused -petitioner Sri Puspadhar Saikia was convicted under Section 5(a) of the Assam Opium Prohibition A1947 and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs. 1000/ - by the learned Sub -Divisional Judicial Magistrate., Tinsukia in Complaint Case No. 2058 (Excise) of 1978. The appeal being Appeal No. 16(1) of 1984 was dismissed by the impugned judgment and order dated 6 -6 -86. The accused -petitioner was a school teacher in the M.E. School situated in the village Hanhkati Gandhaiguri.

(2.) THE Excise Inspector, Tinsukia filed a complaint on 17 -1 -79 before the learned Sub -Divisional Judicial Magistrate, Tinsukia alleging, inter alia, that on 28 -9 -78 the Excise party of Tinsukia went to the house of one Pabor Gohain of the above village Hanhkati Gandhaiguri and searched his house and found some opium. On questioning, the said Pabor Gohain disclosed that he kept more opium in the house of the present accused -petitioner. According to the prosecution, the Excise party went to the house of the accused -petitioner who seeing the party tried to flee away from his house with two plastic bags containing opium which was seized after he was apprehended. There was a chemical examination of the sample and it was found to be that of opium.

(3.) THE first point urged by Mr. Sarma Baruah, learned counsel for the petitioner is that as the search and seizure were in violation of Sections 20 and 24 of the Assam Opium Prohibition Act, 1947 which are mandatory in nature, the impugned judgment is illegal. The said two sections are quoted below: - -