JUDGMENT
1. In this case the applicant has been sentenced under Section 47 (a) of the Bihar and Orissa Act II of 1915 to pay a fine of Rs. 50, and under Section (9) (c) of Act I of 1878 to undergo rigorous imprisonment for 3 months and to pay a fine of Rs. 50 and under Section 9 (b) of Act I of 1878 to pay a fine of Rs. 50. The grounds on which we are asked to interfere are, firstly, that offences under the Bihar and Orissa Act of 1915 and the Opium Act should not have been tried together, secondly, that the possession and the sale constitute the same offence, and that, therefore, the separate sentences are against Section 26 of the General Clauses Act, and thirdly, that the applicant was prejudiced by the admission of documentary and oral inadmissible evidence in the Magistrate’s Court.
2. Upon the first ground taken it seems that the circumstances of the case fall well within Section 235 of the Criminal Procedure Code. The two sales for which the applicant has been punished were made to the same person and the possession for which he has been punished was the possession of the residue of the opium left after the sale. The whole series of acts clearly made one transaction. This consideration also deals with the second ground taken on behalf of the applicant. The conviction for possession has not been in respect of the same article as that sold, but for the residue. With regard to the third ground the learned Sessions Judge most carefully discarded all the irrelevant evidence before dealing with the facts of the case. One lot of irrelevant evidence discarded he describes as based upon a palpable fallacy and the other lot he describes as rubbish and valueless. Certainly the applicant was not prejudiced in the Appellate Court by the irrelevant evidence adduced in the Court of first instance. We are dealing with the judgment of the Sessions Court and are unable to say that the judgment of the Sessions Court is in any way improper. The sentences are not excessive. The application is rejected. The applicant will surrender to his bail and serve out the remainder of his sentence.