ANARAM Vs. STATE OF RAJAS THAN

JUDGEMENT

(1.) ON 2nd October, 1972, Ratansingh PW. 6 Station House Officer, Gudamalani got the information that revisioner Anaram was smuggling opium. With six constables he arrived on the Bus Stand Gandhav. Anaram was there in the bus which was coming from Barmer. Anaram was surrounded and was searched. The search yielded 1. 860 Kgs. of opium from his possession. It was seized by the Police. 30 gms was sent for chemical examination; The report of the Assistant Director, Chemical Section, Police Forensic Science Laboratory, C. I. D. Rajasthan, Jaipur is Ex. P. 6. The parcel which was received was by the said Director contained only 28 gms of solid dark brown coloured substance. The result of examination was that it was opium as it had 5 75% morphine. The accused challaned under sec. 9 of the Opium Act. He was convicted by the Chief Judicial Magistrate, Barmer, on 29-7-74 under the said section and sentenced to undergo rigorous imprisonment for 12 months and to a fine of Rs. 1500/-in default whereof to further simple imprisonment for six months. The learned Sessions Judge, Balotra by his judgment dated 6-10-1976 dismissed the appeal. Hence, this revision.

(2.) THE learned counsel for the accused submitted that the case suffers from several illegalities and the conviction deserves to be quashed. In any case, the accused was entitled to the benefit of probation or at least to be let off on the sentence already undergone by him.