YASHPAL AND NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners along with Shri Narain and Dhansingh were prosecuted for the offence under s. 4/9 of the Opium Act. Dhansingh absconded during the trial and the accused Shri Narain confessed his guilt so he was convicted and sentenced. THE petitioners were tried by the Munsif and Judicial Magistrate Neembaheda who by his order dated December 30, 1975, found the petitioner guilty under s. 4/9 of the Opium Act and sentenced each of them to 24 months' rigorous imprisonment and to pay a fine of Rs. 500/-, in default of payment of fine to undergo simple imprisonment for six months. In appeal the petitioners were unsuccessful and their conviction and sentences were maintained.

(2.) THE prosecution story is that on February 28, 1972 at about 4. 30 a. m. the Preventive Inspector Narcotic Shri Govind Gurnani along with Gopal Lal and Nandlal Seni Preventive Inspector, Inspectors and members of the police party spoted an ambassador car No. D. L. K. 6700 coming from towards Neemach at the Municipal octroi out-post of Neembaheda. THE car was stopped and search was taken. THE car was being driven by driver Dhanna. Yashpal was found sitting on the front seat and Shri Narain and Niranjan Lal were found sitting on the back seat. THE dicky of the car was got opened and an attache was found in the dicky and on opening of the attache bags were found containing 18 Kg. 200 gms. opium including the weight of the gunni bags. Samples were taken from the bags. Report Ex. P. 9 was lodged at the police station Neembaheda. Samples were sent for chemical examination and samples contained 11. 11% p. c. of 'morphine'. After completion of the investigation charge-sheet was presented against the four accused persons. After trial the present petitioners were found guilty of the said offence and were convicted and sentenced as aforesaid. It was maintained in appeal. Hence this revision petition.