TARA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 10-8-1976 of the learned Sessions Judge, Bundi affirming the judgment of the learned Additional Judicial Magistrate No. 2, Bundi whereby he convicted the accused-petitioner under S. 9a and 9b of the Opium Act and sentenced him to six months' rigorous imprisonment, and a fine of Rs. 200/-; in default of the payment of which to suffer further rigorous imprisonment for a period of two months.

(2.) THE prosecution story as disclosed at the trial is that on December 13, 1968 at 6. 45 A. M. P. W. 1 Lakhan Lal, and others stopped the vehicle No. RSL 7300, boarded for Jaipur from Kota, near village Balop. THE search revealed that the accused- petitioner had a bag under his left hip. THE passengers were got out one by one, and the opium recovered from the possession of the accused petitioner was seized vide Ex. P. 1. A sample of the opium was taken and divided into two parts of 30 Grams each. THE seizure memo Ex. P. 1 was prepared on the spot in the presence of the Motbirs. THE opium recovered from the possession of the accused petitioner was weighed and sealed. THE samples were separately sealed. THE recovery memo is Ex. P. 1, which bears the signatures of the accused-petitioner and the Motbirs. THE first information report Ex. P. 5 of this incident was lodged at the Police Station, Talera by Ram Avtar. THE sample of the opium was sent to the Chemical Examiner, and Chief Public Analyst, Rajasthan, Jaipur for analysis. THE Analyst's report is Ex. P. 7. THE Public Analyst noted before analysing the sample that the seals of the sample received by him were in tact, unbroken and bearing the exact likeness to the seal impression given on the covering letter. This fact has been noted by the Public Analyst in Ex. P. 7. THE Police after usual investigation submitted a challan against the accused-petitioner in the Court of Sub-divisional Magistrate, Bundi, and later on it was transferred to the Court of Additional Munsiff and Judicial Magistrate No. 2, Bundi. THE accused pleaded not guilty to the charge and the prosecution examined 7 witnesses viz. P. W. 1 Lakhanlal, Sub-Inspector, Opium Department, P. W. 2 Motilal, P. W. 3 Lalu Ram, driver of the vehicle of the Opium Department, PW. 4 Abdul Aziz, Head Constable of Police, who recorded the first information report Ex. P. 5, P. W. 5 Shive Dansingh, Police Constable of Police Station, Talera, was examined to prove the delivery of the sample of the opium to the Public Analyst. P. W. 6 P. N. Acharya is the scribe of Ex. P. 1 and a Girdawar of the Opium Department, Chittorgarh P. W. 7 Mohammad Hassim is the Officer investigating this case. THE accused denied his complicity in the crime and stated that the Inspector concerned had asked him about the ownership of the opium, but he disowned it He did not examine any witness in support of his defence. THE learned Magistrate, placing reliance on the statements of the prosecution witnesses, held that it was proved beyond reasonable doubt that the accused-petitioner was in possession of the opium which was being transported by him. He found the accused-petitioner guilty of the offence punishable under S. 9 A and S. 9b of the Opium Act and sentenced him as mentioned above. THE aggrieved accused-petitioner challenged the verdict of the trial court before the learned Additional Sessions Judge, Bundi. THE learned Judge held that 1 Kg. and 150 Grams of contraband opium was recovered from the possession of the accused-petitioner on December 13, 1968. He further held that this contraband opium was in conscious possession of the accused-petitioner on December 13, 1968. On the basis of the above finding he dismissed the appeal. Hence this revision petition before me.

(3.) THE transporters of contraband opium deserve little sympathy and such offenders cannot be said to be respectable in any sense. India had been facing an economic crisis. Transporting, smuggling of opium, gold and other contraband articles has had a disastrous effect on the States' efforts to stabilize the country's economy. Smugglers, hoarders, adulterators, transporters and sellers of contraband articles have been busy in their underworld activities because the punishment awarded to such persons had not been deterrent enough to halt the invisible economic aggressor. THE ineffectiveness of the prosecution in arresting the wave of white colour crimes is bound to disturb the Judge's conscience. A Court is not a computer which registers what is fed into it answers by mechanical intelligence but a humanist hunting down the truth with impartial tools unbiased but committed to conscience, objective truth and public good. Offence regarding contraband opium have a growing tendency and a serious view therefore is required to be taken against them. THE businessman, alleged to be coming from higher strata of life, should not have scant regard for the law of the country, which are for public good for protecting the revenue and economic life of the society. THE offences regarding contraband opium are of the species of ''economic crimes" which must be curbed effectively.