PREM CHAND ROY Vs. STATE

JUDGEMENT

(1.) THE petitioner in this case has moved for setting aside his conviction Under Section 5(a) of the Assam Opium Prohibition Act of 1.947 (Act XXIII of 1947), under which he has been sentenced to rigorous imprisonment for two years and a fine of Rs. 500/ -, in default to undergo rigorous imprisonment for another six months,

(2.) THE . prosecution case is that on 13 -6 -54, Sri G, C. Datta, Special Assistant Excise Inspector of Lumding (P.W. 6), who was on duty at the Lumding Railway Station with other members of his staff, noticed the petitioner getting down from the 513 Up Passenger Train when it steamed into the station at about 1 A.M. in the morning. On getting (liowo, the petitioner summoned two porters to carry his luggage which consisted of a mango basket, a hand -bag and a bedding. The hand -bag and the bedding were carried by one porter while the mango basket was carried by another. The Excise Officer challenged the petitioner and wanted to search his effects.

(3.) IN support of the prosecution case, a number of witnesses were examined, and the Courts below, which had to examine the evidence in the case, concurrently held that the guilt of the petitioner had been proved. They found that the mango basket in question did belong to the petitioner, and that the oxiiim which was recovered therefrom, was in his conscious possession. They accordingly convicted the petitioner and sentenced him as stated above.