STATE OF HIMACHAL PRADESH Vs. BUTI NATH

JUDGEMENT

(1.) The respondent, Buti Nath, as well as one Dasondhi, alias Lilu, were prosecuted by the Nahan Police of an offence under Section 8 (a) of the Opium Act. The learned Magistrate (Mr. K.B. Chandel, Additional District Magistrate) discharged Dasondhi, alias Lilu, for lack of evidence. A charge-sheet under Section 9(a), Opium Act, was, however, framed against Buti Nath. By his order dated 31-3-1955, the learned Magistrate acquitted Buti Nath of the charge on the ground that the offence was not brought home to him beyond reasonable doubt. The State Government has come, up in appeal against the acquittal of Buti Nath under Section 417, Criminal Procedure Code.

(2.) The prosecution story was that on 4-1-1954 at about 1 P.M. a motor garage, situated in Mohalla Rani Tal, Nahan town, was searched by a police party, consisting of Gangbir Singh, District Inspector, Daulat Ram, Sub-Inspector, and others. Buti Nath and Dasondhi, alias Lilu, were also present, in addition to two search witnesses, named Sewa Singh and Banda. As a result of the search, 10 seers 3 chattaks of illicit opium was recovered, from beneath a stack of wheat straw, wrapped in a bag. On these premises, both Buti Nath and Dasondhi, alias Lilu, were prosecuted with the result, as already stated. Dasondhi was discharged and Buti Nath acquitted.

(3.) We are not concerned with the question as to whether Dasondhi, alias Lilu, was properly discharged or otherwise, because no revision petition against the order of discharge has been filed to this court. We are only concerned with the question as to whether Buti Nath was improperly acquitted. The burden, obviously, lies on the prosecution to show that the order of acquittal was wrong.