SHARIF KHAN & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition at the instance of accused petitioners stands directed against the judgment dated 13.12.1993 passed by learned Additional Sessions Judge-cum-Special Judge, SC/ST (Prevention of Atrocities Cases), Pratapgarh, confirming the judgment and order dated 19.12.1984 passed by learned Judicial Magistrate, Badi Sadri, in Criminal Case No.192/81. By the judgment aforesaid learned Judicial Magistrate convicted the petitioners for commission of an offence under Section 4/9 of the Opium Act, 1878 (hereinafter referred to as "the Act of 1878") and sentenced each of them to rigorous imprisonment for a term of two years with fine of Rs.250/- and in default of payment of fine to further undergo three months imprisonment.

(2.) The prosecution case has arisen on 19.9.1981, as each of the accused petitioners were found in possession of 2.080 kg. opium milk while travelling in Rajasthan State Road Transport Corporation's bus bearing No.RJB-4531 plying between Neemach-Udaipur. A sample of the recovered material was taken, that was sent for chemical examination and then the petitioners were charged and prosecuted for the offence under Section 4/9 of the Act of 1878.

(3.) During the course of trial M/s Kishanlal (PW-1); Abdul Shakur (PW-2); Natwar Singh (PW-3); Mangilal (PW-4); Bhagwan Das (PW-5); Daya Shankar (PW- 6); Ganpat Singh (PW-7); Maan Singh (PW-8); Jagdish Prasad (PW-9) and Gordhan Singh (PW-10) were examined as prosecution witnesses and the petitioners too were put for examination as per provisions of Section 313 Cr.P.C. The statements of Rehmat Khan (DW-1); Bavru (DW-2) and Mustak (DW-3) were recorded in defence. Certain documents and articles too were produced in evidence.