STATE OF RAJASTHAN Vs. PEMA

JUDGEMENT

(1.) This revision under Sections 436 and 439, Crimial P.C. (Old), has been filed by the State of Rajasthan against the order of the Sub-Divisional Magistrate, Phulodi dated Sept. 27, 1972, by which the accused-non-petitioner was convicted for an offence under S. 9 of the Opium Act (No. 1 of 1878) (for short the Act herein) and sentenced to imprisonment upto the rising of the Court.

(2.) It is not necessary to state the facts in detail. 430 grams of opium was recovered from the possession of the accused Pema Ram on Feb. 22, 1970 at 3.00 p.m. near the shops outside railway station Phulodi. On chemical examination, the article recovered from the possession of the accused was found to be opium vide Ex. P3. P.W. 1 Beharilal (Head Constable), P.W. 2 Mahaveer Prasad (Sub-Inspector) and P. W. 3 Dev Kishan were examined by the prosecution. The accused, in his statement under section 342, Crimial P.C. (old) confessed the guilt. The learned Sub-Divisional Magistrate convicted the accused-non-petitioner under section 9 of the Act and sentenced him to imprisonment up to the rising of the court. The accused did not prefer any appeal against the conviction. The State, however, has filed this revision for enhancement of the sentence.

(3.) The opium was recovered on Nov. 22, 1970. The accused was convicted on Sept. 27, 1972. The revision petition was filed on Jan. 14, 1973. The learned Sub-Divisional Magistrate, having regard to the facts and circumstances of the case and the fact that the accused has confessed the guilt, took the lenient view and awarded him imprisonment upto the rising of the court.