Nawal Kishore, C.J.—This is a revision by the Sarkar against the order of the learned Sessions Judge, refusing to enhance the sentence. There were too accused in this case.

Hans Raj and Bhera and according to the prosecution they were found in possession of illicit opium weighing 304 Tolas and convicted and sentenced by the learned Magistrate of the Trial Court under S. 5 (f) of the Marwar Excise Act to a fine of Rs. 1000/-or three months rigorous imprisonment in default. The revision petition by the Sarkar in the court of the learned Sessions Judge failed on the ground that the accused were the servants of some body who was the real owner of the opium found in their possession and that no useful purpose could be served by sending the servants to jail when their master could not be traced and prosecuted. This revision was directed against both the accused Hans Raj and Bhera but in as much as Bhera is not traceable although a warrant has been issued against him several times, the learned Government Advocate has chosen to press the case against Hans Raj only and reserved to himself the liberty to file another revision against Bhera later if he becomes available.

2. Now so far as Hans R

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