TARA CHAND Vs. STATE

JUDGEMENT

(1.) Petitioner, Tara Chand, was tried for the offence under Sec. 9 of the Opium Act by the Chief Judicial Magistrate, Barmer and vide judgment dated 30th of May, 1978 was held guilty for that offence and sentenced to six months' rigorous imprisonment and a fine of Rs. 500.00 in default to undergo one month's rigorous Imprisonment. Petitioner preferred appeal in the Court of Sessions Judge Balotra. Vide judgment dated 29th of Jan., 1981, learned Sessions Judge dismissed the appeal. Feeling dissatisfied by it, the petitioner has invoked the re-visional jurisdiction of this Court.

(2.) I heard Mr. Suresh Kumbhat, learned counsel for the petitioner and Mr.' U.C.S. Singhvi, Public Prosecutor, for the State.

(3.) The case relates to the alleged recovery of 420 Grams of opium from the search of the house of the petitioner on 1-2-1976 by Mod Singh, PW 6 SHO Police Station, Barmer.