CHENA RAM Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of learned Sessions Judge, Balotra Camp Barmer dated 8.6.84 whereby dismissed the appeal of the petitioner and affirmed the order dt. 18.1.84 passed by learned C.J.M., Barmer by which the accused Taga and Chaina were convicted u/s. 9 of the Opium Act and each of them were sentenced to one year R.I.

(2.) THE prosecution story in brief is that on 9.5.80 police received some information from Basti Ram during investigation in criminal case no. 18/80 u/s. 9 of the Opium Act that he has supplied some opium to Chainaram and he can get recovered the same. On this information Police reached Chainas Dhani who informed the police that 9 bags of opium has been placed with his nephew Tagaram and he will get the same recovered. Thereafter, the police reached at the Dhani of Tagaram and recovered 9 bags of opium from one Jhumpa and arrested Tagaram. After registering the case investigation was started and challan was filed. The learned Chief Judicial Magistrate after trial found the both the accused guilty for the offence u/s. 9 and sentenced them as stated above.

(3.) LEARNED counsel for the petitioner has submitted that it cannot be said in any case that opium was recovered from conscious possession of the petitioner as the same was recovered from one Jhumpa of the Dhani of Taga Rum and it cannot be held that the petitioner was in exclusive possession of the recovered articles. He has also submitted that the report of Asstt. Director, State Forensic Science Laboratory is not admissible in evidence as there is no statement of P.W. 4 Ram swaroop to this effect that he handed over the packet of Samples in the same condition and with the impression of the seal to Malkha and further that the seal remained intact. In the alternative he prayed that a lenient view may be taken as regards sentence.