BHOLANATH SARMA Vs. KING

JUDGEMENT

(1.) This is a petition Under Section 439, Criminal P.C. by one Bholanath Sarmah who was convicted by a 1st class Magistrate of Golaghat Under Section 9 (a), Opium Act (Act I [l] of 1878) and sentenced to rigorous imprisonment for one year. The petitioner's appeal to the Sessions Judge, Upper Assam Districts, against the conviction and sentence was dismissed on 29th January 1949.

(2.) It appears that on 1st November 1947, the house of the petitioner was searched by the Excise Inspector of Golaghat in the presence of certain witnesses. In the course of the search, a cigarette tin containing 2 teals of opium was found lying on a projection (chung) in the living room (maralghar) of the petitioner. Another lot of 32 tolas of opium waa found in a wooden box wrap, ped up in a newspaper and kept under a wooden seat (barpira) in the petitioner's bed-room. Near the wooden box were found a case containing a weighing balance, an eight anna silver coin, a four nana silver coin and 20 rati weights. These were taken possession of by the Excise Inspector and in due course the accused was sent up for trial,

(3.) The appellant's case was that he was not aware of the fact that opium was kept in his house; every night he slept at the Gurjangaon Co-operative Store some 2 furlongs away from his house; a girl had come to his house as a guest and had stayed for the night insinuating that the excise party, with her assistance, had brought the opium to his house.