JASIA Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Jasia against his conviction under sec. 9 of the Indian Opium Act. He has been sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 100/ - in default of payment of fine to undergo further rigorous imprisonment for one month.

(2.) The facts which led to his prosecution are that on 3rd June, 1961 Shri Tejraj Singh Circle Inspector (P.W. 2) on receiving information that the petitioner and one Biram Bishnoi of Amli -ki -Dhani were secretly carrying on trade in opium, organised a raid arid took one Kishorilal (P.W. 1) with him. When the party reached near Amli -ki -Dhani, they saw the petitioner coming from the opposite side with a bag with him. He was stopped and on a search of the bag being taken, 2 -1/4 seers of contraband opium was found in it. A sample of 2 -1/2 tolas was taken from this material and sent for examination to the Chief Public Analyst, Jaipur. The report of the Chief Public Analyst disclosed that the material sent to him for examination was opium. Therefore, the petitioner was prosecuted under sec. 9 of the Opium Act.

(3.) In support of the prosecution case, Kishorilal (P.W.1), Tejraj Singh (P.W.2) and Devraj (P.W.4) gave evidence to prove that a bag containing2 -1/4 seers of opium was recovered from the possession of the petitioner. They also proved that 2 -1/4 tolas of Opium was taken from the bulk which was found in the bag and was sent for examination to the Chief Public Analyst. Bhanwarlal (P.W. 3) was examined to prove that the sample of opium in a sealed condition was given to him to be taken to the Chief Public Analyst. The report of the Chief Public Analyst (Ex. P.3) was also relied on by the prosecution to prove that the material found in possession of the petitioner was opium.