DEVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of the learned Sessions Judge, Pratabgarh dated 1. 2. 84, whereby, he upheld the conviction of the accused-petitioner for the offence under Sec. 4/9 of the Opium Act but reduced the sentence to 6 months from 1 year S. I.

(2.) FACTS stated in short are that one Ambu S/o Balu informed the police that he purchased the opium from Deva s/o Gangaram Gujar r/o Dhamancha. On this information, the house of Deva was searched in the presence of motbirs, namely, Dayaram and Shambhuram. On search, the police found one Brass Katordan containing 1 kg 500 grams opium. The samples were taken from that opium, and sent it to the Forensic Science Laboratory. On examination, it was found that the samples contained the opium. After due investigation, challan was put up in the court of the Additional Munsif and Judicial Magistrate, Begun. The prosecution has examined as many as 6 prosecution witnesses and statement of the accused was recorded under Sec. 313, Cr. P. C. Considering the material on record, the learned Addl. Munsif and Judicial Magistrate found the accused guilty for the offence under Sec. 4/9 of the Opium Act. Accordingly, he convicted the accused under that section and sentenced him to, one year's S. I. and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo two months S. I.

(3.) WHETHER the accused was in exclusive possession or not, is a disputed question of fact when concurrent finding against the accused has given by the courts below. In revision, I find no substance in the submission of the learned counsel for the petitioner to give fresh finding in favour of the accused, hence, this plea of the learned counsel for the petitioner is rejected.