GAWRILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal revision petition under Section 397/401 Cr. P. C. has been filed against the appellate judgment of the learned Additional District and Sessions Judge, Bali in criminal appeal No. 9/87, confirming the judgment of Munsiff and Judicial Magistrate, Desuri dated 16. 07. 1987 passed in criminal original case no. 31/82 convicting the petitioner u/sec. 4/9 of the Opium Act and sentencing him to rigorous imprisonment for one year.

(2.) HEARD Mr. P. N. Mohnani, learned counsel for the petitioner and Mrs. Chendra Lekha, learned Public Prosecutor.

(3.) SECTION 165 of Cr. P. C. reads as under:- " 165. Search by police officer. (1) whenever an offence incharge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigation may be found in any place within the limits of the police station of which he is incharge, or to which he is attached, and that such thing after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search or cause search to be made, for such thing in any place within the limits of such station. "