RAGHUBIR DAYAL MISSIR Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of one Raghubar Dayal Missir who has been convicted by a first class Magistrate tinder Section 13(a), Dangerous Drugs Act (2 of 1930), and has been sentenced to rigorous imprisonment for one year and has also been awarded a fine of Rs. 50, in default three months further rigorous imprisonment.

(2.) The case for the prosecution was that the officers of the excise department raided the house of the petitioner on 6 September 1939 and recovered from his house 4 anna bhar of crude opium. The report of the chemical examiner shows that this contained 86 per cent, of excisable opium. The case for the defence was that no opium was recovered from the house of the petitioner. Some evidence was led on behalf of the prosecution to show that the petitioner had some lands and jajmanika in the Gwalior State and there was a possibility of his having imported opium from Gwalior, but the learned Judge has come to the conclusion that there is no direct evidence to show that the petitioner did import the drug from Gwalior into British India.

(3.) The Courts below have come to the conclusion that the ii anna bhar of opium was found in the house of the petitioner. There is no direct evidence of this opium having been imported from outside British India more especially from Gwalior, but they have relied upon the presumption referred to in Section 32, Dangerous Drugs Act. Section 82 of that Act runs as follows: In trials under this Act it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under Chap. III in respect of (a) any dangerous drug. It is not necessary to quote (b), (c) and (d) for the possession of which he fails to account satisfactorily.