- (1.)This appeal has been preferred by the State for assailing order of acquittal passed by the learned Addl. Sessions Judge, Neemuch dtd. 10-11-86 by which he acquitted the respondent of charge levelled against him for offence punishable u/s 9(a) of Opium Act.
(2.)The prosecution case was that one house situated in village Vishniya, Tahsil Neemuch, Distt. Mandsaur was raided on 16-10-81 at 2.30 p.m. The opium weighing about 100 kg. 300 gms. was found concealed under the floor in a pit which was covered by grass. After necessary investigation, the respondent was prosecuted in the Court of Addl. C.J.M. Neemuch who convicted him for offence punishable u/s 9(a) of Opium Act and sentenced him to RI for 3 years and fine of Rs. 500/- in default further RI for six months. The respondent had preferred an appeal in the Court of Sessions, Neemuch bearing no. Cr. A. 132/86. The learned A. S. Neemuch after examining the record allowed the said appeal and passed the order of acquittal in favour of the respondent and that is the subject matter of challenge in the present appeal preferred by the State.
(3.)The judgement of the learned A. S. J., Neemuch, shows that he held that the charge levelled against the respondent was not proved because he was not found in conscious possession of the contraband article, exclusively. Learned C.A. Shri Desai, criticised the said approach and judgement of the A.S.J. Neemuch and submitted that the learned counsel should have held that the order of conviction and sentence passed against the respondent was proper and correct.