BHANWARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision is directed against the judgment of learned Session Judge, Balotra dated 16. 5. 1984 whereby he has upheld the order of Chief Judicial Magistrate, Barmer dated 22. 10. 1980 convicting and sentencing the accused-petitioner under Section 4/9 of the Opium Act to one year's rigorous imprisonment.

(2.) ACCORDING to the prosecution case that P. W. 3 Shiv Prasad Sharma, Deputy Superintendent of Police, Balotra arrested the accused- petitioner and recovered 7 1/4 tola of opium from his pocket, on his information, 1/7 kg of opium was again recovered from his Dhani on the same day, thereafter, on 8. 9. 1976, 10. 4 kg of opium was also recovered on his information from his field. The police also arrested one Krishna Ram Bishnoi in this connection. The sample was taken and the same was sent for the Chemical Examination. A challan was filed in the Court of Chief Judicial Magistrate, Barmer. The accused in his statement under Section 313, Cr. P. C. stated that he has been falsely implicated and pleaded not guilty. After trial, the learned Magistrate found him guilty, convicted and sentenced him as mentioned above. Being aggrieved, the accused-petitioner filed an appeal before the learned Sessions Judge, Balotra who has dismissed the same.

(3.) IN the result, this revision petition, is allowed, the order of conviction passed by the learned Sessions Judge, Balotra dated 16. 5. 1984 and the order of trial Court dated 22. 10. 1980 are set aside. The accused-petitioner is already on bail so he need not surrender, his bail bonds are discharged. .