STATE OF RAJASTHAN Vs. CHHAGAN LAL

JUDGEMENT

(1.) The State of Rajasthan is aggrieved by the judgment and order dated 12.05.2003 whereby the High Court acquitted the Respondent of the offence Under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act'). The prosecution case was that on 13.4.1997, Deputy Superintendent of Police, Mahinder Pal Singh Punia recorded information received by him through an informer that one Chhagan Lal Jat, i.e., the Respondent herein has concealed some opium in his well which he was to sell in the night. On receipt of the information, he noted it down and forwarded it to the Superintendent of Police, Chittorgarh. Thereafter, independent panchas were called and the concerned area was cordoned off. It is further the case of the prosecution that at about 5.00 O'clock in the morning, one person was spotted. He was chased and while running the said person threw one bag in the well. On interrogation, the said person is stated to have told the police that he was Chhagan Lal, i.e., the Respondent herein. The Respondent was directed to bring out the bag which was thrown inside the well. He took out the said bag with the help of one Pappu, an independent witness. The search of the bag was conducted. Some brown material was found inside the bag. When tested, it was found to be opium. Thereafter, the necessary procedure was followed and on completion of the investigation, the Respondent came to be charged as aforesaid.

(2.) We have heard learned Counsel for the parties.

(3.) One of the reasons why the High Court has upset the order of conviction and acquitted the Respondent is non-compliance of Section 42(1) of the NDPS Act. Section 42 reads as under: