KUTABDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is are vision against the judgment of learned Additional Sessions Judge No. 1. Jodhpur dated 10 -7 -1991 by which he dismissed the appeal of the petitioner and confirmed his conviction and sentence of six months rigorous imprisonment with a fine of Rs. 100/ - and in default to undergo one month's rigorous imprisonment under each count for offences under Sections 13 and 14 of the Dangerous Drugs Act, 1930 (hereinafter referred as 'the Act') passed by the Chief Judicial Magistrate, Jodhpur.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor at length and have also perused the record.

(3.) LEARNED counsel for the petitioner submitted that the petitioner was a passenger in the truck and that he did not know whether the drug was lying on the roof of the cabin, as such there was no conscious possession of the petitioner. He also submitted that the procedure laid down, in the Act has not been followed by the Investigating Agency and, therefore, the petitioner could not have been convicted by both the Courts below. It has also been submitted that Malkhana register in which entry was made has not been proved and it cannot be said that the sample which was sent to the laboratory reached in the same condition in which it was taken.