Mohd. Yamin, J. - (1.) The petitioner should thank his stars because when the offence was committed the N.D.RS. Act was not in force.
(2.) Petitioner Chokha Ram was convicted by Munsif and Judicial Magistrate, Deogarh for offence under Section 4/9 of the Opium Act, 1878 and sentenced to three years' rigorous imprisonment with a fine of Rs. 5,000/- and in default to undergo nine months' simple imprisonment. On appeal the conviction and sentence were confirmed by learned Additional Sessions Judge, Rajsamand vide his judgment dated 2.5.1990. Aggrieved by this conviction and sentence he preferred this revision.
(3.) I have heard learned counsel for the petitioner as well as learned Public Prosecution at length and have gone through the record.;