( 1 ) THIS revision is directed against the judgment and order of the Court of Session, Kistna Division, Masulipatam dated 20th July, I960 in Criminal Appeal No. 75 of 1960 on the file of the said Court, confirming the conviction and sentence of the petitioner passed by the Addl. District Munsif-Magiatrate, VJjayawada in Calendar Case Mo. 326 of J959 on the file of the said Court.

( 2 ) THE petitioner herein was charged before the Second Addl. Munsif-Magistrate, Vijayawada under Section 9 (a) of the Opium Act (1 of 1878) and convicted of that charge and sentenced to four months simple imprisonment and (sic) fine of Rs. 50. 00 and in default to simple imprisonment for (sic) further period of one month.

( 3 ) AGAINST this, he preferred an appeal to the Court of Session, Kistna at Masulipatam. The learned Sesions Judge confirmed the conviction and sentence and dismissed the appeal. Hence the present revision.

( 4 ) IT may be necessary at the outset to briefly notice; the facts, which are fairly simple:

( 5 ) THE case of the prosecution is that the petitioner was seer in Frenchpet, Vijayawada under the Hotel Ratna at 5-30 P. M. on 8-10-1959 coming from the side of the rai