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1979 Supreme(Del) 84

M.L.JAIN
JAI PARKASH – Appellant
Versus
STATE – Respondent


JUDGEMENT

1. The petitioner was convicted under S. 9 of the Opium Act, 1878, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- in default whereof to rigorous imprisonment for 6 months. On appeal, his sentence was reduced to rigorous imprisonment for 9 months and a fine of Rs. 500/-, in default whereof to rigorous imprisonment for 2 months. Hence, this revision.

2. The prosecution case is that the petitioner was apprehended at about 1.10 A. M. on the night intervening 24th and 25th May 1975, at the G. T. Road Bus Stand in H Block Seelampur, by a police party which included a D. S. P. Asad Farookhi. The accused was found carrying a bag which contained opium about 4 kgs. in weight. The police took a sample of 200 gms. and sent it for analysis to the Central Forensic Science Laboratory. The said Laboratory found in the sample 5.13% contents of Morphine. It was in these circumstances that the aforesaid conviction took place.

3. The learned counsel for the petitioner challenged the conviction on grounds more than one. The first of his arguments is that the petitioner was falsely implicated as the opium was not recovered from him. That no recovery w











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