DEEPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision is directed against the judgment of learned Sessions Judge, Balotra dated 18. 9. 1984 whereby he has confirmed the order of Munsif & Judicial Magistrate, Balotra dated 11. 11. 1982, convicting the accused-petitioner under section 9 of the Opium Act and sentencing him to 3 months' Rigorous imprisonment and a fine of Rs. 100/-; in default of payment of fine to undergo further 21 days imprisonment.

(2.) MR. M. M. Singhvi, learned counsel for the petitioner has submitted that the order of conviction passed by the courts below is not sustainable as P. W. 4 Jodha Ram, Head Constable & Incharge of Thana Sindari has filed the F. I. R. and has investigated the entire case. He has also prepared the seizure memo of Opium (Ex. P. l), Rojnamcha Report (Ex. P. 3a), F. I. R. (Ex. P. 4) and the statements of all witnesses & Motbir witnesses were also recorded by P. W. 4 Jodharam himself. In support of his contention the learned counsel for the petitioner has relied on the decisions reported in Bhagwan Singh vs. The State of Raj. (1) & Banshi Lal vs. State (2 ).