JUDGMENT

H. C. P. Tripathi, J. - This revision is directed against an order of the learned Sessions Judge, Etawah, upholding on appeal the applicants conviction and sentence of 6 months rigorous imprisonment and Rs. 200/- as fine under Section 9(a) of the Opium Act as recorded by a Magistrate First Class on June 11, 1963.

2. According to the prosecution, the applicants house was raided by the Excise Staff who were accompanied by the witnesses on September 21, 1962 at about 10 a.m. on the basis of a search warrant which had been issued by a Magistrate, First Class of the district. On the personal search of the applicant 17 packets of opium weighing about two chataks were recovered from the pockets of his bandi and on a search of the house, from a room which was unlocked by the applicant, a jhola was recovered which contained 6 chataks of opium. A scale and some weighment measures were also found in the room. The two Excise Inspectors P.W. 1 and P.W. 2 who had conducted the search immediately examined the recovered opium and found it to be illicit. Thereafter, the opium was duly sealed in the presence of the witnesses and a recovery memo was prepared. The applicant was prosecuted on t