Supreme Court of India · 1958-08-19
PURANMALL AGARWALLA vs THE STATE OF ORISSA
- Citation / case number
- SC 1956/72
- Court
- Supreme Court of India
- Petitioner
- PURANMALL AGARWALLA
- Respondent
- THE STATE OF ORISSA
- Bench
- IMAM, SYED JAFFER
Judgment text excerpt
The Supreme Court held that under Section 9 of the Opium Act, possession and transport of opium are distinct offenses, allowing for separate convictions. The appellant was convicted for both possession and transport of opium, receiving consecutive sentences of three months for each count. The Court clarified that while transport may imply possession in some cases, it does not negate the possibility of separate charges. The sentences did not violate Section 71 of the Indian Penal Code, as the total punishment did not exceed the maximum for either offense.