MADHAV LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment dated July 24, 1972 of the learned Sessions Judge, Udaipur upholding the order of the learned Sub-Divisional Magistrate, Udaipur dated Sept. 5, 1972 whereby the learned Magistrate convicted the accused petitioner under S. 4/9 of the Opium Act and sentenced him to three months' rigorous imprisonment and a fine of Rs. 300.00 in default of the payment of which to suffer further rigorous imprisonment for a period of three months.

(2.) The prosecution story, as disclosed at the trial, is that P.W. 7 Bhanwarlal Station House Officer, Police Station, Nathdwara received an information that contraband opium was being dealt with on the shop of Madhav Lal. He in the company of P.W. 2 Raghuraj Singh and P.W.l Bhopal Singh rushed to the shop of the accused-petitioner Madhav Lal. He found the accused weighing a bag on his balance. The bag was opened from which 400 Grams of opium wrapped in a plastic cover was found. The opium was seized in the presence of the Motbirs vide Ex. P.1. The sample of opium was taken which was sealed in the presence of the Motbirs. The petitioner along with two other accused viz. Tikamlal and Kapur Ram were arrested and a challan was submitted in the Court of Sub-Divisional Magistrate Udaipur. The accused pleaded not guilty to the charge and the prosecution examined seven witnesses, P.W.l Bhopal Singh, P.W.2 Raghuraj Singh P.W.3 Shiv Shanker, PAV.4 Nanalal, P.W.5 Ramchander, P.W6 Kishensingh and P.W.7 Bhanwarlal, Investigating Officer of the case. The accused denied their complicity in the crime and the petitioner examined two witnesses in support of his plea. The other two accused did not examine any witness in their defence. The learned Magistrate found the defence evidence unreliable. Placing reliance on the statements of the prosecution witnesses the learned Magistrate held that all the three accused challaned before him had connections in dealing with the opium and ail of them were in possession of the opium at the time of seizure of the same. He further held that it was in the knowledge of the accused-petitioner that the article which was being weighed on his balance was opium. On the basis of the above finding he convicted all the three accused under section 4/9 of the Opium Act and sentenced each of them to three months rigorous imprisonment and a fine of Rs. 300.00. The convicted accused challenged the verdict of the trial court before the Sessions Court but without any success.

(3.) The two accused viz. Kapur Ram and Tikam Lal felt satisfied with the judgment of the appellate court, and have not come up before this Court whereas the accused-petitioner Madhav Lal has challenged his conviction and sentence by this revision petition.