STATE OF RAJASTHAN Vs. BALLA SINGH

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dt. 18-12-79 passed by the Sessions Judge, Jhalawar, by which, he set aside the conviction of the respondent passed by the learned C. J. M. , Jhalawar.

(2.) RESPONDENT Balla Singh was prosecuted for the offence u/s. 4/9 of the Opium Act. After concluding trial the learned C J. M. vide his judgment dt. 31st January,. "77 found the respondent Balla Singh guilty of the offence u/s. 4/9 of the Opium Act and sentenced him for three year's R. I. and a fine of Rs. 20,000/-and in default of payment of fine, to further undergo six month's R I. Aggrieved by this, judgment Balla Singh has preferred an appeal before the Sessions Judge, Jhalawar, who, while accepting the appeal, set aside the judgment of the C. J. M. and acquitted respondent Balla Singh from the charge u/s 4/9 of the Opium Act.

(3.) IN the present case Shri Nirmal Singh entered the house of Balla Singh and took search there but he had not made any record of any ground on the basis of which he had areasonable belief that an offence under the Opium Act was being committed before proceeding to search the house. He should have recorded in writing the ground of proceeding to take search. He should have recorded in writing the grounds for believing that are necessary to take search of the house of Balla.