PITAMBAR DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This revision petition has been directed against the judgment of learned Additional Sessions Judge, Barmer dated 10-4-1991 by which he maintained the conviction and sentence passed against the petitioner by learned Additional Munsif and Judicial Magistrate, Barmer for offence under Section 9 of the Opium Act.

(2.) Briefly stated, an information was received at police station Sedwa on the basis of which the Station House Officer along with raiding party reached the house of accused petitioner Pitambar Das on 14-10-1985. Station House Officer Gopal Singh, Head Constable Sawai Singh and Ladu Singh searched the house of the petitioner where opium was found in a 'jhunpa' in a 'khokha'. The opium was weighed. Its weight was 1 kg. 30 grams of opium was taken as sample and the remaining 970 grams was sealed. Some other incriminating articles were also seized with which we are not concerned in this case. The sample was sent for analysis to chemical examiner and on examination it was found to be opium having 1.50% morphine. Case was registered at the police station and after investigation challan was submitted. Charge under Section 9 of the Opium Act was framed against the petitioner on 9-6-1987 and read over. He denied his indictment and claimed trial. Thereupon prosecution examined as many as nine witnesses. Accused petitioner was examined under Section 313, Cr. P. C. He produced a witness in defence. Learned Magistrate convicted the petitioner under Section 9 of the Opium Act and sentenced him to nine months rigorous imprisonment with a fine of Rs. 500/- and in default to undergo one month's rigorous imprisonment. The same was upheld by appellate Court.

(3.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor and have gone through the record.