STATE OF RAJASTHAN Vs. BABU RAM

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Rajasthan High Court at Jodhpur allowing the appeal filed by the respondent (hereinafter referred to as the accused ). Before the High Court the challenge was to the order dated 31.8.1987 passed by the learned Sessions Judge, Balotra, in Sessions Case No.10/86 by which while acquitting the accused for offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter referred to as the Act ), convicted him for offence punishable under Section 17 of the Act and sentenced him to undergo RI for 10 years and to pay a fine of rupees one lakh with default stipulation.

(2.) The High Court directed acquittal on the ground that there was non-compliance of mandatory requirement of Section 50 of the Act. Before the High Court though many points were urged, the primary stand was non-compliance of Section 50 of the Act. The High Court accepted that there was non-compliance as alleged. Accordingly, the respondent was acquitted by setting aside the conviction and consequential sentence.

(3.) In support of the appeal, learned counsel for the appellant-State submitted that search was not of person of the accused and of bag which was with accused and, therefore, the High Court erroneously held that the requirements of Section 50 of the Act were required to be complied with.