SATYA NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners Satya Narain, driver and Gangadhar, cleaner, of the Taxi Car No. RJZ 5459, have been convicted of the offence under Sec. 4/9 of the Opium Act and have been sentenced to ten months' rigorous imprisonment and a fine of Rs. 1,000/-, and, in default of payment of fine to undergo two months' rigorous imprisonment, by the Sessions Judge, Pratapgarh (Camp Chittorgarh), by his judgment dated 23-9-1978, dismissing the appeal of the petitioners.

(2.) THE prosecution case, in brief, is that on 17-8-1974 Shri Roshan Lal Sharma, Preventive Inspector, Narcotics Department (P. W. 5), with his party had, land ambush in the town of Nimbahera, near J. K. Cement Factory. THEy observed about 8. 30, a. m. , that the Car No. RJZ 5459 was coming from Mand-saur and going towards Chittorgarh. A signal was given for stopping the car, but the driver of the car Satya Narain instead of stopping the car, drove away the car with a fast speed. THEreupon, the excise party chased that car and overtook it. At that time, when the car was stopped, the two occupants of the car ran away. THE driver of the car Shri Satya Narain and the cleaner of the car Shri Gangadhar were apprehended and a search of the car was taken. THE dicky of the car was opened by the driver Satya Narain with his key. THE dicky contained four bags having seven ragzine bags in them. THE ragzine bags were weighed and on weighing, 60 kilograms and 200 grams opium was found in them. THE recovery memo Ex. P/i was prepared. Three samples of 30 grams each, were taken, which were packed and sealed. THE site plan and the site notes were prepared. THE accused persons along with the papers, were produced at the Police Station, Bhadsoda, whereupon case under Sec. 4/9, Opium Act, was registered. On analysis of the samples it was found that the substance recovered was opium. THE petitioners, thereafter, were prosecuted and were tried by the Munsif and Judicial Magistrate, First Class, Nimbahera and at the trial the prosecution examined as many as ten witnesses. THE statement of the accused persons were recorded, in which they stated that the Taxi was hired by the two passengers and the passengers were being carried in the car. THE bags found in the dicky, belonged to the passengers. THEy stated that they did not know the contents of the bags. THE passengers ran away soon after the car was stopped. No evidence was led in defence. THE learned Magistrate convicted and sentenced the petitioners, which was upheld by the learned Sessions-Judge. Hence, this revision petition.

(3.) IN the result, the revision petition is allowed, the conviction and the sentence of the petitioners are set aside and they are acquitted of the offence under Section 4/9 of the Opium Act. They are already on bail, so they need not surrender to their bail bonds. Their bail bonds are discharged. .