TEJENDRA NAMA Vs. TRIPURA ADMINISTRATION

JUDGEMENT

(1.) THIS is a revision application by Tejendra Natna against the order of learned Sessions. Judge, Tripura, dismissing his appeal and thereby maintaining his conviction and sentence of offences punishable under Section 9 of the Indian Opium Act and Section 224, I. P. C.

(2.) THE prosecution story, put in brief compass, was that on 5 -1 -60 at about 5 -30 a. m. on the basis of a previous information P. W. 1 Manoj Kanti Dutta, Sub -Inspector of Excise, Agartala, Sadar accompanied by 12 persons including some members of the staff, went to raid the house of the accused Tejendra Nama for the recovery of contraband opium. The raiding party waited on the road and P. W. 2 Nani Gopal Del, Nath, the informer called the accused. The accused came out on the road which was to the eastern side of his house. The Excise Sub -Inspector apprehended the accused and searched his body. He recovered from his person a tin containing contraband opium which on weighing was found to be 30 tolas. It is alleged that while the Excise Sub -Inspector was. preparing a seizure list all on a sudden the accused took to his heels. The Excise Sub -Inspector and Indu Bhusan Deb chased him but the accused assaulted them and made good his escape towards the Pakistan Border.

(3.) THE case was transferred to the file of Shri K. P. Dutta, Magistrate 1st Class, Agartala. He examined 3 P. Ws. and framed charges under Section 9 of the Opium Act and under Section 224 of the Indian Penal Code against the accused who pleaded not guilty to both the charges.