STATE OF RAJASTHAN Vs. HUKMARAM

JUDGEMENT

(1.) This appeal under Sec. 377 Cr. P. C. is directed against the judgment dated March 31, 1976 of the Judicial Magistrate No. 1, 1st Class, Jodhpur passed in criminal case No. 325 of 1974, by which, he convicted the accused-respondent of the offence under Sec. 9 of the Opium Act, 1878 (No. 1 of 1878) (for short 'the Act' hereinafter) and sentenced him to nay a fine of Rs. 1,000.00and in default Hereof to undergo rigorous imprisonment for seven months.

(2.) It may be mentioned here that the accused-respondent has not filed any appeal against his conviction and sentence. The State has filed this appeal praying that substantive sentence of imprisonment may be awarded to the accused-respondent under Sec. 9 of the Act as the sentence awarded by the Magistrate is irregular and not in accordance with Sec. 9 of the Act. S. 9 of the Act reads as under :

(3.) I have heard Mr. N.S. Acharaya, learned Public Prosecutor for the State and Mr. S.S. Bhati, learned counsel for the accused-respondent.