G.K. Sharma, J. - (1.)This is a revision petition filed by Birdhilal petitioner against the judgement of the Sessions Judge, Jhalawar. dated 16th Nov. 84 confirming the judgment and the sentence passed by the CJM, Jhalawar, dated 20th, Sept. '83 for the offence under section 4/9, Opium Act, The petitioner has been sentenced to 6 months RI and a fine of Rs. 250.00, and in default of payment of fine to further undergo 1 months RI.
(2.)According to the prosecution, on 16th Nov,'82 the Excise Inspector checked the bus at Octroi-Post, Bhanja Chouraha, Jhalawar. During checking, it was found that one Prakrsh Chandra son of Jyotiswaroop Mahajan was having one suitcase with him. After opening it, it was found that one bag was there inside wrapped with a rag. On opening the hag, it was found that it Contained opium, The weight of the opium was about 10 kgs. & 200 gms. Sample was taken from the said bag. Another person named Birdhilal was also in the bus who was carrying bedding. lithe said bedding wrapped in a quilt, 2 bags containing opium were found. Both the bags contained about 10 kgs. & 500 gms. of opium. Sample of opium was also taken from those bags. Then, the samples were sent to the Chemical Examiner. On examination, it was found to be opium. So, petitioner Birdhilal was for the offence under section 4/9 of the Opium Act. The other person Prakash Chandra has been absconding and proceedings under section 299 are being taken against him.
(3.)On trial, the learned CJM found the present petitioner guilt-u/s. 4/9 of the Opium Act, and sentenced him to imprisonment and fine as mentioned above. Then, an appeal was preferred by the petitioner which was dismissed by the Sessions Judge, Jhalawar, who maintained the conviction and the sentence of the petitioner.