STATE OF CHHATTISGARH Vs. UMEND DAS

JUDGEMENT

(1.) Heard on admission.

(2.) The instant petition is filed against the judgment of acquittal dtd. 1/7/2017 passed by the Court of Special Judge (N.D.P.S. Act), Rajnandgaon (C.G.) in Special Case No. 04/2014 whereas the respondent has been acquitted of the charges punishable under Sec. 20(A) of the NDPS, Act.

(3.) Learned State counsel submits that in the present case the learned Special Judge is absolutely unjustified in acquitting the respondent as the contraband/cannabis plants were seized from the field of the respondent and after compliance of all formalities it was sent to the Forensic Science Laboratory, wherein it was found that the same was narcotic drugs. As such on the basis of the statement of the Investigating Officer - S.S. Patel (PW-8) the conclusion ought to have been recorded by learned trial Judge and further he has failed to appreciate the provisions of NDPS Act, which is available against the respondent, therefore, the impugned judgment of acquittal of the respondent recorded by the learned Special Judge deserves to be set aside.