STATE OF RAJASTHAN Vs. RAMJI LAL

JUDGEMENT

(1.) This state appeal is directed against the judgment dated 29.09.1981 passed by the Judicial Magistrate, 1st Class, laitaran, District Pali whereby the learned Magistrate while convicting the respondent herein namely Ramji Lal for offence under Sec. 9 of the Opium Act has sentenced him to pay only a fine of Rs. 200/-. Thus the appeal is for enhancement of sentence. It appears that 2 kg. of Opium was recovered from the accused respondent. He therefore, admitted the guilt before the learned Magistrate and as such learned Magistrate while convicting the accused for offence under Sec. 9 of the Opium Act has only sentenced to pay a fine of Rs. 200/-.

(2.) I have read the impugned order and also perused the record. It appears that 17.05.774 at about 3 A.M. Shri Kanhaiya Lal Sharma Preventive Inspector of Central Bureau of Narcotics, Beawar submitted a written report at police station, Raipur stating interalia that the bus No. RRM 266 was checked and search was made of the passengers occupying the bus. One of the passenger namely Ramji Lal resident of Sawai Madhopur was carrying Opium. After taking the formal proceedings the case was registered for offence under Sec. 9 of the Opium Act. The guilt has been admitted by the accused. The conviction under Sec. 9 of the Opium Act has not been challenged by him. It is strange that the learned Magistrate has taken offence under Sec. 9 of the Opium Act vary lightly. The sentence of Rs. 200/- awarded is grossly inadequate. The plea of bargain should not have been entertained in a case involving serious offence under Opium Act.

(3.) In view of the aforesaid, the state appeal is allowed and the order dated 29.09.1981 passed by the learned Magistrate is quashed and set aside. The matter is send back to the Trial Court to be hear the matter and take proceedings in accordance with law, after notice to accused respondent.