MANOHAR RAM Vs. STATE AND ORS.

JUDGEMENT

(1.) PETITIONER challenges his conviction for the offence of Section 4 read with 9 Opium Act recorded by Judicial Magistrate, Phalodi in Criminal Case No. 53/84 per judgment dated 05.10.90 and affirmed by learned Sessions Judge vide judgment dated 09.02.93 in Criminal Appeal No. 51/91 and petitioner is sentenced to two and half years rigorous imprisonment with fine Rs. 100/ - in default three months RI.

(2.) HEARD learned Counsel for the petitioner and learned Public Prosecutor.

(3.) ON the basis of this recovery, FIR No. 46/83 Ex.P/6 registered. SHO in course of investigation on same day 15.10.83 seized the cycle found near house of Ratan chand on carrier of which was a pair of shoes, preparing memo Ex.P/5 - cycle merchant from whom cycle taken on hire gave register of entries Ex.P/7 -appellant arrested - keeping articles in malkhana sample on 20.10.83 forwarded for delivering at laboratory on 02.11.83 obtaining receipt Ex.P/9, FSL Report subsequently received Ex.P/10.