GHASI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the judgment of Additional Sessions Judge No.2, Kota, dated 8-8-83, by which be confirmed the conviction and sentence passed on the petitioner by the Judicial Magistrate, No.4 Kota, vide his judgment dated 30.7.81.

(2.) This case pertains to the Year 1968, It is said that on 25.8.68, the petitioner got down from the bus at the Village Barkhada was caught by constables Jagmal Singh and Ram Devi, The petitioner was brought to the police line alongwith bag which be was carrying. On search of the bag, it was found that the petitioner had 6.150 kg. opium in his bag. He was arrested and after investigation Ghasi Lal Vs. State of Rajasthan. challan was submitted. In the begining, this case was challenged in the court of City Magistrate, Kota, in the year 1968 and later on it was transferred to the court of Judicial Magistrate, Kota. The Judicial Magistrate, Kota, vide his order dated 30.7.1981, found the accused petitioner guilty of the offence under Section 4/9 of the Opium Act and sentenced him to one years rigorous imprisonment and a fine of Rs. 500/-. In default of payment of fine, further rigorous imprisonment for three months.

(3.) The petitioner preferred an appeal against this conviction and the A.D.J. No.2, Kota, dismissed his appeal and maintained the conviction and sentence awarded by the learned J. M. No 4, Kota.