KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a criminal revision petition against the judgement of learned Additional Sessions Judge No. 2, Kota, dismissing the appeal against the conviction and sentence passed by Judicial Magistrate (Railways), Kota, convicting the appellant u/s 4/9 of the Opium Act for a period of 4 months and Rs. 200/- fine, in default of payment of fine, one month's R. I.

(2.) This revision petition came up for arguments before the learned single Judge, who has referred this revision to larger bench to decide the following question :- "Whether the report dated 23rd June, 1979 can be considered sufficient to hold that the article contained in the packet was Opium ?" This question has been referred to us because there is conflict of views in the two judgements of this Court in Mana Ram v. State, 1981 Raj LW 583 and S.B. Crimhial Rev. No. 24/80 Bajrang Lai v. State, decided on 7-4-1986.

(3.) We had issued a general notice to all the Advocates to appear and address the Court, if they so liked and enlighten this court on the above question of law.