MANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED petitioner Manaram along with his son Bagdawatram was convicted by the learned Judicial Magistrate, First Class, Phalodi on Dec. 18, 1975 Under Section 9 of the Opium Act (hereinafter referred t0 as "the Act") and each of them was sentenced to undergo three years' rigorous imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo six months' rigorous imprisonment. The learned Additional Sessions Judge No. 2, Jodhpur, who heard the appeal of the accused-appellant and his son, while maintaining the conviction reduced the sentence to two years' rigorous imprisonment and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo six months' rigorous imprisonment. The accused petitioner and his son both preferred a revision in this Court but the revision petition of the accused petitioner was admitted whereas the revision of his son Bagdawatram was not admitted. The son went to the Supreme Court but special leave to appeal was not granted.

(2.) IN short the case of the prosecution is that Bhimasingh P. W. 7, Excise Inspector, Jodhpur (on Special Duty) along with Parbat Singh P. W, 1 Assistant Excise Inspector, preventive Force, Jodhpur, Mohan Prakash P. W, 2, Petrolling Officer, Preventive Force, Jodhpur and other staff of the Preventive Force and Jawansingh S. H. O. Lohawat raided the house of accused-appellant on July 13, 1972 at 9 a. m, in village Dhaka-ki-dhani, P. S. Lohawat. In the search conducted by the raid party in the presence of both the accused persons, 6kg. and 750 gms of opium in a bag was recovered from a room in the ground floor and from another room in the first story which was locked and the key of which was with Bagdawatram, opium was found spread over on the floor and was being dried. On collection it was found to be 16 kg. and 500 gms. Samples were taken and were sent to the Chemical examiner who in his report Ex. P. 7 dated May 15, 1973 reported as under:

(3.) THE accused-petitioner and his son were tried Under Section 9 of the Act by the learned Sub-Divisional Magistrate, Phalodi but later on because of the separation of the Judiciary from April 1, 1974, the case was transferred to the learned Judicial Magistrate who after trial convicted the accused-petitioner and his son Under Section 9 of the Act. The plea of the accused-appellant in the trial court was that the opium was not recovered from his house,