ARJUN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these two criminal revision petitions No. 147/98 and 148/98 have been filed by Arjun Kumar and Jagdish separately against the judgment of Additional Sessions Judge, Bali, passed in criminal appeals No. 27/90 and 26/90 on 3.3.1998 convicting both the accused persons under Section 4/9 of Opium Act by confirming the judgment of Judicial Magistrate, Sumerpur passed in Criminal Original Case No. 63/1981 convicting the accused persons under Section 4/9 of the Opium Act and sentencing them for a period of 3 years' R.I. and a fine of Rs. 5,000/- each.

(2.) In nutshell, the story of the prosecution is that on 12.4.1981 at about 10:30 A.M., both the accused persons were found coming from Sumerpur side and the raid party was there on clandestine information. The accused Arjun fled away leaving his bag and accused Jagdish was apprehended, opium was detected in both bags, allegedly 1 kg from the bag abandoned by Arjun Kumar and 2 kg from the bag seized from Jagdish. 30 grams of opium respectively from each bag was taken for sample and was sent to the FSL. After investigation, challan was presented against both the accused persons, they were tried by the learned Judicial Magistrate, Sumerpur and were convicted under Section 4/9 of Opium Act for a period of 3 years' R.I. and a fine of Rs. 5,000/- each. The impugned judgment was challenged before the first appellate court and the first appellate court decided both the appeals No. 26/90 and 27/90 on 3.3.1998 by affirming the conviction and sentence.

(3.) Questioning the finding of the courts below, these two appeals have been filed by both the accused Arjun Kumar and Jagdish separately.