SUKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of the learned Additional Sessions Judge, Bhilwara dated 23.9.1981, whereby, the learned Judge has convicted the accused -petitioners for the offence under Section 4/9 of the Opium Act and sentenced each of them to six months' R.I. and a fine of Rs. 500/ - each, in default of payment of fine to further undergo one month's R.I.

(2.) BRIEF facts of the case are that on 7.8.1974, the Assistant Sub -Inspector, Narcotics Department, Bhilwara received a written report (Ex. P/4) that on information by the informant, A.S.I. Narcotics Department along with party reached at the house of Sukha S/o Laloo Jat at village Maheshpura in morning. At that time, the accused Sukha was not found in his house. His wife was present there. In the presence of the Motbirs, the search of the house of Sukha was conducted. During search, at the corner of right -side's pole, they digged the land about one feet deep. After digging the land, they found 8 kg: Opium in a bag. Two samples of 30 grams each were taken and were sealed in the presence of the Motbirs. The samples and a bag of opium were handed -over to the in -charge, Police Station, Hamirgarh. After completing the usual investigation, a challan was put up in the court of Chief Judl. Magistrate, Bhilwara.

(3.) IN appeal, the learned Additional Sessions Judge maintained the conviction and sentence of both the petitioners. Being aggrieved of the conviction and sentence, the petitioners came up in revision before this Court.