STATE Vs. SADHU RAM HARBANS LAL

JUDGEMENT

(1.) THE short question which calls for determination in this acquittal appeal preferred by the State is whether the learned Additional Sessions Judge, ferczepore, was justified in rejecting the Chemical Examiner's report to be inconclusive and therefore insufficient to form the basis of the respondent's conviction.

(2.) THE facts giving rise to this appeal are that Sadhu Ram respondent, a boy of 17 or 18 years of age, residing in village Lopon, was found in possession of 11 tolas of illicit opium wrapped in a piece of paper which was recovered from the pocket of his pyjama. On 25-11-1959 Sham Lal A. S. L, P. W. 3, in pursuance of secret information received by him, organised a raid party for raiding the liquor vend in village Badni Kalan. The accused Sadhu Ram on seeing the police party tried to slip away but was captured after a little struggle and on a search of his person 11 tolas of illicit opium was recovered as already stated. A sum of Rs. 942/- and a wrist watch were also taken from the possession of the accused. The sample of the opium was sent to the Chemical Examiner and his report Exhibit P. E. is in the following terms: "the contents are opium by morphine, meconic acid and morphine percentage tests. " the learned Magistrate found the accused guilty of an offence under Section 9 of the Opium Act and sentenced him to three months' rigorous imprisonment and a fine of Rs. 500/-, in default, a further rigorous imprisonment for three months. The watch and the sum of Rs. 942/- recovered from the accused were ordered to be returned to him.

(3.) ON Appeal the learned Additional Sessions Judge, considered the report of the chemical Examiner to be extremely vague which was insufficient to lead the Court to the conclusion that the contents of the parcel were opium as defined in Section 3 of the Opium Act.