KANWARLAL Vs. STATE

JUDGEMENT

(1.) THIS is an application by the accused Kanwarlal to revise the order of the learned Additional Sessions Judge, Jhalawar by which his conviction and sentence under sec. 9 of the Opium Act have been confirmed. The accused was prosecuted in the court of the Extra Magistrate, Iklera on the allegation that while he was going on the road leading from Nasirabad to Path, on the night of the 5th of September, 1951, opium weighing 4 seers and 13 chks. including the cloth in which it was tied up was recovered from his possession by the Sub-Inspector Chandra Prakash Bakani. The Assistant Sub-Inspector Jogindra Nath also accompanied the Sub-Inspector, and it is alleged that at the time of recovery of the opium, Dhulilal, P. W. 1, and Nandlal Nai were also present. The recovery memo of the opium was made and it was signed by these two witnesses and the accused was afterwards challaned under sec. 9 of the Opium Act in the court of the Extra Magistrate, Jhalawar.

(2.) THE accused denied that any opium was recovered from his possession. He pleaded that in fact the opium was in possession of Nanda, P. W. 2, and because, Nanda said that it belonged to the accused, the accused was challaned instead of Nanda. THE learned Magistrate was satisfied by the prosecution evidence that the opium was recovered from the possession of the accused and therefore, convicted and sentenced him to six month's rigorous imprisonment and a fine of Rs. 50/ -. Against this conviction and sentence, the accused appealed, but the learned Additional Sessions Judge, Jhalawar. dismissed the appeal. Now, he has come in revision.