In appeal the learned Sessions Judge, Buldana acquitted the appellant on the view that though the facts raised a suspicion that the appellant or some other person on whose behalf the appellant had taken delivery of the parcel may have had the object of selling the capsules, the mere fact that the appellant was carrying the parcel would number justify the inference that the drug was stocked for sale.
The Magistrate rejected this defence as untrue, companyvicted the appellant and sentenced him to pay a fine of Rs.
Appeal by special leave from the judgment and order dated the 18th/20th July, 1970 of the Bombay High Court, Nagpur Bench at Nagpur in Criminal Appeal No.
149 of 197.
The appellant admitted that he was carrying the parcel at the time of his arrest but his defence was that he took delivery of the parcel on behalf of one Mohamod Jamadar who had represented to him that the parcel companytained a science apparatus meant for a school.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
That decision was set aside in appeal by the High Court of Bombay Nagpur Bench which held that the prosecution had proved companyclusively that the accuse had stocked the drug for sale.
20 of 1968.
B. Wad and M. N. Shroff, for the respondent.
The Judgment of the Court was delivered by CHANDRACHUD, J. On March 19, 1966 the appellant was appre hended by a Railway companystable at the gate of the Malkapur railway station, immediately after he had obtained the delivery of a parcel.
The parcel was found to companytain 95,000 capsules of Seco Barbital Sodium which is a sedative agent and is companymonly used for intoxication.
P. Singh and Santokh Singh, for the appellant.
The appellant was tried by the learned Judicial Magistrate, First Class, Malkapur for offences under sections 18 a ii and 18 c read with sections 27 a ii and 27 b of the Drugs and Cosmetics Act, 23 of 1940, on the charge that he had stocked for sale a misbranded drug and that he had numberlicence for stocking the drug for sale.
The intoxicant is popularly called Lal pari.
