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TMI Blog1932 (4) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... ven him at Chidambaram with instructions to meet him at Karaikal, in French Territory and give it to him. It is immaterial whether this statement to the Sub-Inspector is inadmissible because the accused stated the same thing in his written statement. He was first charged Under Section 9(a) and (b), Opium Act, and evidence was recorded. But the charge was subsequently altered to one Under Section 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh. First, an intention to commit the crime may be conceived. Secondly, preparation may be made for its committal. Thirdly, an attempt may be made to commit it. Of these three stages the mere forming of the intention is not punishable under the Penal Code. Nor is the preparation for an offence indictable. The law will not take notice of an intent without an act. 3. Again at p. 940 he states: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y cases related to publishing seditious articles and it was argued that because the public might not read them, there was only preparation to commit an offence and no attempt but it is clear that so far as the accused was concerned the matter had passed beyond his control. One important consideration in such cases is whether there was a locus poenitentiae. How far this can be stretched in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opium is itself a criminal act. But the accused has not been charged with being in possession of opium and I think it would be altogether unfair to raise a question of fact of this sort as to whether he had opium in excess of the quantity allowed. That was not the charge against him and he had not to answer that. It seems to me that this is a very clear case where there was no attempt, even i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he might have repented of his intention before reaching French Territory. 7. As I take this view, it seems to me unnecessary to discuss the point raised whether the prosecution had to prove that the opium was not prepared opium (as regards which there appears to be no evidence) or whether it was for the accused to prove this by way of defence. On the facts of this case and in the light of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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