BISHAMBER DAYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in revision here is to the order of the Sessions Judge. Narnual remanding the case for a fresh adjudication by the trial Magistrate.

(2.) THE case against the petitioner-Bishambar Dayal is that on September 9, 1980, he was found in possession of 1500 grams of opium in the waiting room of railway station, Narnaul. It is in respect of this recovery that he was charged and convicted for an offence under Section 9 of the Opium Act and sentenced to one year's rigorous imprisonment and a fine of Rs. 2000/-.

(3.) IT was the contention of Mr. N.K. Kholsa, counsel for the petitioner that keeping in view the agony of a prolonged trial that the petitioner has already undergone, the impugned order directing retiral was clearly prejudicial to the petitioner and in the interests of justice, it would be just and proper that the proceedings against him be brought to an end and he be acquitted of the offence charged. In support, the counsel cited a number of authorities where on account of the accused having undergone a long trial, the order for fresh trial was set aside.