STATE Vs. SOHAN LAL

JUDGEMENT

(1.) This judgment will dispose of three appeals (Criminal Appeals Nos. 287, 238 and 289 of 1955) in which the questions to be decided are the same and can conveniently be dealt with in one judgment.

(2.) Sohan Lal, Ram Gopal and Dahu Bam were tried and convicted under Section 9 (a) of the Opium Act for possessing various quantities of poppy husk which it was claimed by the prosecution to be covered by the word 'opium' as given in the Opium Act. The learned Magistrate relying on a judgment of the Nagupr High Court in -' Jagjiwan Pitambar v. Emperor', 1936 Nag 240 (AIR V 23) (A), held that the substance which was found from the various accused persons fell within the definition of the word 'opium' as given in Section 3 (i) of tha Opium Act and he convicted and sentenced them to imprisonment till rising of the Court and a fine of Rs. 1,000/- each. On the matter being taken to the learned Sessions Judge he was of the opinion that the substance may technically fall within the word 'opium' but was really not opium. He therefore acquitted all three accused persons and the State has come up in appeal to this Court.

(3.) The substance which was found from the possession of the accused persons is called 'bhuki' (poppy husk) and the question for determination is whether that substance ia covered by the definition of the word 'opium' which in Section 3 (i) of the Opium Act is defined in the following terms;