N. K. JAIN, J. - (1.) THIS revision is directed against the judgment of learned Sessions Judge, Balotra dated 18. 9. 1984 whereby he has confirmed the order of Munsif & Judicial Magistrate, Balotra dated 11. 11. 1982, convicting the accused-petitioner under section 9 of the Opium Act and sentencing him to 3 months' Rigorous imprisonment and a fine of Rs. 100/-; in default of payment of fine to undergo further 21 days imprisonment.
(2.) MR. M. M. Singhvi, learned counsel for the petitioner has submitted that the order of conviction passed by the courts below is not sustainable as P. W. 4 Jodha Ram, Head Constable & Incharge of Thana Sindari has filed the F. I. R. and has investigated the entire case. He has also prepared the seizure memo of Opium (Ex. P. l), Rojnamcha Report (Ex. P. 3a), F. I. R. (Ex. P. 4) and the statements of all witnesses & Motbir witnesses were also recorded by P. W. 4 Jodharam himself. In support of his contention the learned counsel for the petitioner has relied on the decisions reported in Bhagwan Singh vs. The State of Raj. (1) & Banshi Lal vs. State (2 ). Mr. D. R. Bohra, learned Public Prosecutor has not been able to controvert these facts. I have heard learned counsel for the parties and have also perused the record. It is settled proposition that if a person who himself lodged the F. I. R. , thereafter he himself undertaken the entire investigation, this infirmity is bound to reflect on the credibility of the prosecution case. The possibility of fair trial cannot be ruled out. The High Court under its revisional jurisdiction can certainly set aside the order if there is a miscarriage of justice. Under these circumstances and in view of the decisions of Bhagwan Singh vs. State of Raj. & Banshi Lal vs. State (supra) the prosecution case fails on this score only and the order of conviction cannot be sustained and the same is liable to be quashed. I am of the veiw that the prosecution has failed to prove its case beyond a reasonable doubt against the accused-petitioner. In the result, this revision is accepted. The conviction under section 9 of the Opium Act passed against the accused-petitioner is set aside. The accused-petitioner is already on bail so he need not surrender, his bail bonds are discharged. .;