RIJUMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the appellate judgment of the learned Additional Sessions Judge, Barmer dated 25-6-1988 whereby he has upheld the judgment of the learned Munsif & Judicial Magistrate, Barmer dated 28-4-1988, by which, the accused petitioner Rijumal has been held guilty of the offence under Sec. 4/9 of the Opium Act and has been sentenced to one year's rigorous imprisonment.

(2.) The facts necessary to be noticed for the disposal of this revision petition briefly stated are that S.H.O. Barmer Shri Ramswaroop get information that accused petitioner Rijumal is going to sell opium to somebody near Jatawas Railway Crossing. He, therefore, deployed Harkharam, Bhanwarsingh and Gurjansingh constables to keep watch. It is alleged that on 2-5-1982 at about 2.30 P.M. accused Rijumal came there. He was stopped by these constables and it was found that he was carrying opium in his bag. The Constables then immediately informed the SHO, who contacted the Deputy Superintendent of Police and thereafter, the Deputy Superintendent of Police along with SHO Ramswaroop and party reached the place of the occurrence. They took search of the accused in the presence of the Motbirs and it was found that accused was in possession of opium. As no scales were carried by the Police party, the accused was taken to the Police Station, where on weight, as found to carry 2 kilogrammes and 450 gms. of opium. 30 grams of opium was taken for sample and sealed and the remaining opium was separately seized and sealed. Thereafter, on the information of the accused, the police party went to a godown, which was in possession of accused Rijumal & there, the recovery of 1 kg, and 660 gms. of opium was made under section 27, Evidence Act. Some 56 small packets of opium were also recovered. Three big pieces of opium were also found 30 grams of opium was taken as sample and separately sealed and the remaining opium was seized and sealed. A report of this incident was lodged at Police Station, Barmer by the SHO himself, who conducted investigation of the case.

(3.) After usual investigation, the case against the accused was challenged in the Court of Munsif & Judicial Magistrate, Barmer. After trial, the learned Munsif & Judicial Magistrate Barmer, conviction and sentenced the accused-petitioner Rijumal as aforesaid. On appeal, the learned Additional Sessions Judge upheld the judgment of convicted passed by learned Munsif & Judicial Magistrate, Barmer. Hence this revision petition.