Sunil Kumar Garg, J. - (1.) THIS revision petition has been filed by the accused petitioner against the judgment dated 19.4.1991 passed by the learned Additional Sessions Judge, Banner in Criminal Appeal No. 15/1990 whereby he rejected the appeal of the accused petitioner and maintained the judgment and order dated 4.4.1990 passed by the learned Judicial Magistrate, Banner whereby he convicted the accused petitioner for offence under Section 4/9 of the Opium Act and sentenced him to 6 months S.I.
(2.) IT arises in the following circumstances: (i) On 16.9.1982 on receiving information P.W.8 Sumesh Chandra Kalla, Dy. S.P. along with police officials reached Bhedana village and opium weighing 8 kgs. and 900 gms. was recovered from the accused petitioner and for that a challan was filed against him. On 2.11.1983, the learned Judicial Magistrate framed charge for offence under Section 4/9 of the Opium Act against the accused petitioner who pleaded not guilty and claimed trial.
(3.) AFTER conclusion of the trial, the learned Judicial Magistrate convicted the accused petitioner for the said offence and sentenced him as stated above.;