- (1.) THIS revision petition has been filed against the order dated 30.10.1996 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Cases, Pratapgarh whereby the appeal of the present petitioner has been dismissed against the order dated 23.9.93 passed by learned Judicial Magistrate, Chhoti Sadri, whereby he has been convicted for the offence under Section 4/9 of the Opium Act and sentenced to undergo 1-3/4 year's simple imprisonment and a fine of Rs.200.00, in default of payment of fine, to further undergo 15 days' simple imprisonment.
(2.) THE contention of the present petitioner is that both the courts below have gravely erred in law and fact in arriving at a finding of guilt against the present petitioner. There is no connecting evidence that 2.5 kgs. of opium has been recovered from the possession of the present petitioner. The Investigating Officer Sita Ram, who has effected the recovery, has not been examined and further more, Malkhana In-charge in whose custody sample remained from the time of recovery up to the time of delivery to the carrier has not been produced and the Register of the Malkhana has also not been produced. The link evidence is totally missing, hence the conviction is bad in law. The learned Public Prosecutor has submitted that Gordhan Singh who was present at the time of seizure has specifically narrated regarding the seizure of the opium from the present petitioner and there is no infirmity in the impugned order.
(3.) HEARD learned counsel for the petitioner and the learned Public Prosecutor for the State and perused the impugned judgment.;