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1 - 6 of 6 (2.68 seconds)The Probation of Offenders Act, 1958
Section 9 in The Opium Act, 1878 [Entire Act]
The Code of Criminal Procedure, 1973
The Punjab Excise Act, 1914
Teka Bahadur vs The State Of West Bengal on 20 December, 1974
3. Reliance has been placed by the learned counsel for the petitioner on a judgment of this Court in Tek Bahadur v. State, (1982) 21 Delhi LT 233 in which 2 Kgs. of opium was seized from the accused. Tek Bahadur who hailed from the interior of Nepal. After calling a report from the Probation Officer and having regard to the recommendation made by the Probation Officer Charanjit, Talwar J. allowed the petition and directed the release of the petitioner therein on probation of good conduct. The instant case is, however, sought to be distinguished by the learned counsel for the State on the ground that there was no allegation therein that the petitioner was wanting or going to sell the opium to any consumer generally and apparently he was a mere carrier and was a tool in the hands of some anti-social elements. Such a possibility has not been ruled out even in the instant case because there is no specific evidence that the petitioner was in fact indulging in anti-social activities by selling the contraband and the possibility of his being a mere carrier cannot be ruled out. It may be noticed that he hails from the District Amritsar although he happens to reside in House No. 6429, Gali Kalyan. Katra Daryan, Delhi also.
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