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august 1958

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.

PURANMALL AGARWALLA vs THE STATE OF ORISSA · Niyam