BANSIDHAR Vs. STATE

JUDGEMENT

(1.) THIS is a revision application on behalf of Banshidhar who was convicted by the magistrate First Class, Sambhar under Section 266 I. P. C. and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 300/- or in default of payment of fine to undergo 20 days simple imprisonment. The applicant filed an appeal before the Sessions Judge, Jaipur District Jaipur which was transferred to the Additional Sessions Judge, Jaipur District. The appeal was dismissed on the 19th of February, 1958. Hence this revision application.

(2.) THE applicant is a licenced opium dealer in the town of Sambhar. The Station house Officer, Sambhar received a complaint that the applicant and Radhey Lal kept two sets of weights in their shop and that one set of the weights was less in weight than the standard weight, and that he defrauded the public by using false weights. The Station House Officer made a search of the shop of the accused under Section 153 Cr. P. C. and he recovered two sets of weights. The weights were recovered from beneath the gunny bag on which the applicant was sitting at the time of recovery. The police challaned Bansidhar and Radheylal for offences tinder Sections 265 and 266 of the Indian Penal Code. Radheylal was acquitted but bansi-dhar was convicted and sentenced as mentioned above.

(3.) BANSIDHAR denied that false weights were recovered from his shop.