NARVIRCHAND Vs. STATE

JUDGEMENT

(1.) THE six petitioners in this case have been convicted by the Additional District Magistrate Shivpuri under Section 9 (b) of the Indian Opium Act and sentenced to six months rigorous imprisonment each for the offence. An appeal preferred by the accused persons against their convictions and sentences was rejected by the Sessions Judge of Guna. They have now come up in revision to this Court.

(2.) THE prosecution case, briefly stated is that on the night of 27. 4. 1951, Mr. Ram Singh, the Collector and District Magistrate, Raj Garh noticed in Pachhar Hotel a motor car bearing Registration No. P. N. E. 3002 carrying a flag generally town by Rulers of Indian States. The car had a break down and the petitioners Balaram, Minaram, Hira Singh and Jit Singh were repairing the car. Mr. Ramsingh, thinking that the car belonged to some Ruler of former Indian States made some inquiries about the persons travelling in the car. He was told by the applicant Narootam that Narvir Chand was the Raja of Jubbal and that he himself was his A. D. C. Mr. Ram Singh was however, not satisfied about the identity of Narvir Chand, but at the same time he offered his services to Narvir Chandra, asked him to accompany him to Biora and told him that he would make the necessary arrangements for the repairs of the car. Narvir Chand declined the offer. The conduct of Narvirchand and of the other petitioners, however, aroused suspicion in the mind of Mr. Ram Singh about Narvir Chand and his companions being "smugglers in opium". On 28. 4. 1951, Mr. Ram Singh sent a wireless message to the Superintendent of Police, Shivpuri to intercept the car of the petitioners and to search it. Accordingly, the police made arrangements for stopping the car of the petitioners and on receiving information that the car had a break down near Dahalda, the police proceeded to Dahalda. They found the car of the petitioners being pulled by a motortruck. It was alleged by the prosecution that when the police expressed a desire to search the car, the petitioners Hira Singh and Jit Singh aimed their guns at the police party. The guns were, however, snatched by Sub Inspectors Lal Bahadur and Udaypal Singh. Thereupon, Narvir Chand aimed his pistol at the party. Head Constable Randhir Singh managed to snatch the pistol. The car and the petitioners were, then, taken to Shivpuri, where it was searched. The search revealed a box underneath the luggage carrier and in it was found 2 maunds, 29 seers and 3 chhataks of opium. The police, then, took up the investigation and found that the petitioners were in possession of this opium and were transporting it in contravention of rules made under the Opium Act. On 21. 5. 51. the Superintendent Customs and Excise of District Shivpuri presented, in the Court of the Additional District Magistrate Shivpuri, a charge-sheet against the petitioners in respect of offences under Section 9 (a) and (b) of the Opium Act.

(3.) THE learned Additional District Magistrate charged all the petitioners for being in possession of the opium and transporting it in contravention of Sub-rule (a) and (b) of Rule 4 of the Opium Rules and thus committing an offence punishable under Section 9 of the Opium Act. Balaram admitted that he was in possession of the opium and was transporting it in contravention of the Opium Rules. The other petitioners denied having any knowledge of the opium in the car. They stated in their defence that while they were going in their own car from Jhalwad to Delhi, they had a break down. Soon after Balaram arrived at the spot from Kota in a car bearing Registration No. P. N. E. 3002 Balaram was known to them and he gave them a lift. This defence was rejected by the trial Judge. He found all the petitioners guilty of the offence under Section 9 (b) of the Opium Act, observing that the transportation of opium by the petitioners implied that they were in possession of the opium.