Nepal Singh vs State of U.P.

P.K. Jain, J.—Heard Sri Kamal Kishore Mishra. brief holder for Sri Satish Trivedi learned counsel for the revisionist and the learned A.G.A.

Revisionist, Nepal Singh, was convicted by the trial court u/s 9 of the Opium Act in Criminal Case No. 1374 of 1980. Four Kg. of opium was said to have been recovered from his possession. Criminal Appeal No. 267 of 1982 filed by him was dismissed by the Vth Addl. Sessions Judge, Bareilly vide judgment and order dated 30.7.83.

In this revision, the revisionist challenges the judgments and orders of the trial court as well as the appellate court on the ground that there is no reliable evidence that the article said to have been recovered was opium and not morphine possession whereof is not punishable, that the link evidence was not produced showing that the seized article was kept in the same condition and was not tampered with : that no public witness was examined, that the revisionist was 16 years old at the time of commission of the offence and should have been tried in accordance with the provisions of the Children Act. Both the courts below dealt with all these points except the applicability of Children Act. I see no reason to interfere with the conclusions arrived at by the courts below. Such question was not raised before the courts below and nothing has been pointed out before me to show that the provisions of Children Act were attracted in the case of the revisionist. The question of applicability of provisions of Children Act does not arise.

Revision is devoid of merit and is consequently dismissed. The revisionist shall surrender forthwith to serve out the sentence awarded to him. The stay order dated 5.8.83 is vacated.