VEN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this revision petition against the judgment dt. 06.08.1997 passed by the learned Additional Sessions Judge, Bali in Criminal Appeal No. 19/1992 affirming the judgment and order dt. 03.12.1992 passed by the learned Judicial Magistrate, Desuri in Criminal Case No. 115/1981 whereby the petitioner was convicted for the offence under Sec. 4/9 of Opium Act and was sentenced to undergo six months' rigorous imprisonment with fine of Rs. 500/-, in default whereof to further undergo 15 days' simple imprisonment. The brief facts of the case are that in the midnight of 15/16.06.1981, at about 12.30 a.m., when a Roadways Bus No. RRB 4896 reached at Desuri Ratelav Choraha, it was inspected by the police officials of P.S. Desuri. On inspection, the petitioner-accused Vensingh was found in possession of 7.750 kg. opium and other accused Badri was also found in possession of 1.500 kg. of opium. Thereafter, after taking samples of 30 gm. each, and after sealing the same, a case was registered and investigation commenced. The samples were sent for chemical examination and after getting report, challan was filed against the petitioner-accused. Thereafter, after hearing, charge for the offence under Sec. 4/9 of the Opium Act was framed against the petitioner to which he denied and claimed trial.

(2.) After hearing the learned counsel for the parties, the learned trial Court, vide judgment and order dt. 03.12.1992, convicted and sentenced him as aforesaid.

(3.) Being aggrieved of the aforesaid judgment and order dt. 03.12.1992, the petitioner-accused preferred appeal before the learned appellate Court, which was dismissed vide judgment dt. 06.08.1997.