STATE OF RAJASTHAN Vs. BHERU LAL

JUDGEMENT

(1.) The present appeal is directed against the judgment of acquittal dated 9.4.2004 passed by the learned single Judge of the High Court of Judicature of Rajasthan in S.B. Criminal Appeal No. 659 of 2002 whereby he has reversed the judgment of conviction and order of sentence passed by the learned Special Judge, NDPS cases, Chittorgarh on 7.8.2002 and acquitted the respondent of the offences punishable under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act").

(2.) The broad essential facts leading to trial of the respondent are that on 4.4.2001 about 5.45 p.m. Parveen Vyas, temporary in-charge S.H.O., Police Station Chittorgarh, received information from a reliable informer that the respondent would come with illegal opium on his Hero Honda Motor Cycle No. 5902 from Phkhliya towards Chittorgarh and would sell it to some person. The information was entered into Daily Diary at report No. 146 and dispatched to higher officers through Constable Davender Singh. Thereafter, Parveen Vyas, along with other police officials and independent witnesses, namely, Abdul Kareem and Haider Ali laid a trap at Sarhad Kheri Road and when the respondent came to the spot with a plastic bag, he was informed about his right to be searched by a gazetted officer or a Magistrate and, thereafter, after proper search two polythene bags containing 3 Kgs. opium in each bag were seized. Following due procedure, the samples were sent for chemical analysis and, after completing the investigation, charge-sheet was placed for the offences punishable under Sections 8/18 of the Act.

(3.) The accused denied the charges, pleaded false implication and claimed to be tried.