LAXMILAL & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the judgment dated 19th May, 1981 passed by the Sessions Judge, Jodhpur in Criminal Appeal No, 185/79 whereby the Sessions Judge, while confirming the conviction of the petitioners under Sec. 4/9 of the Opium Act, has reduced the sentence to six months' rigorous imprisonment and a fine of Rs. 100.00 each.

(2.) On 23rd Dec., 1977 both the petitioners Laxmilal and Kishna were travelling from Udaipur to Jodhpur by bus No. RSQ 7063. The bus was stopped at about 6.00 P.M. at Salawas crossing and on search a locked tin was found below the seat on which the petitioners were sitting. The case of the prosecution is that the key of the lock was found in the possession of both the petitioners and on opening the lock of the tin two bags were found therein. One bag contained 7 kg 500 gram of opium and the other bag contained 4 kg 700 gm of opium, a Samples weighing 30 gm each were taken and sealed and the packet was sent for chemical examination. After conducting the investigation, both the petitioners were prosecuted for offences under Sec. 4/9 of the Opium Act. The Judicial Magistrate No. 1, First Class, Jodhpur convicted the petitioners of the said offences and sentenced each of them to rigorous imprisonment for one year and to pay a fine of Rs. 100.00 each and in default of payment of fine to further undergo imprisonment for two months. The petitioners filed appeal and in the said appeal the Sessions Judge, Jodhpur passed an order dated March 6, 1980 under Sec. 391, Cr. P.C. directing the Judicial Magistrate No. 1. Jodhpur to record additional evidence on the point whether seal-impressions of the seal on the packet in which the samples were sealed were sent separately to the State Forensic Science Laboratory or not. The matter was, therefore, remanded to the Judicial Magistrate for recording the said additional evidence. The petitioners filed a revision petition (S.B. Cr. Revision No. 73/80) against the said order of the Sessions Judge. The said revision was dismissed by this Court by its order dated 17th March, 1980. In accordance with the directions given by the Sessions Judge in his order dated 6th March, 1980, the Judicial Magistrate recorded statements of Dr. Gyanprakash Sharma PW-8, Amichand PW-9 and Pritam Chand PW-10 and Kishorilal PW-11. Thereafter the matter was considered by the Sessions Judge in the light of the additional evidence recorded by the Judicial Magistrate and the Sessions Judge, by his judgment dated May 19, 1981, upheld the conviction of the petitioners under Sec. 49 of the Opium Act but reduced the sentence of imprisonment from one year to six months. The sentence of fine was, however, maintained.

(3.) Being aggrieved by the said decision of the Sessions Judge, the petitioners filed this revision.