MISRI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition is directed against the order dated 3 1.7.1987 passed by the learned Munsif and Judicial Magistrate, Nimbahera, whereby cognizance against the petitioner was taken.

(2.) Brief facts giving rise to this petition are that one Shri Bhanwar Lal, Narcotics Inspector lodged a report with the allegation that the petitioners were carrying poppy husk (Doda) in a truck No. RJH 8861 without permit. On investigation, it was found that poppy husk was purchased under a valid permit. As such final report was submitted but the learned Magistrate vide his order dated 16.8.1986 directed the police to further investigate in the matter. Again the police submitted the final report put the learned Magistrate took cognizance against the petitioners on 3 1.7.1987 u/s. 4 and 9 of the Opium Act. Hence this petition.

(3.) I have heard Mr. Sunil Mehta, learned counsel for the petitioner and Mr. S.M. Singhvi, learned Public Prosecutor and perused the record.