STATE OF CHHATTISGARH Vs. JAGESHWAR KUMAR ANURAG

JUDGEMENT

(1.) This acquittal appeal is preferred under section 378 (3) of the Code of Criminal Procedure, 1973 against judgment dated 25.10.2008 passed by Special Judge, NDPS Act, Jagdalpur (C.G.) in Special NDPS Case No. 76/2007, wherein the said court acquitted the respondent for commission of offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act").

(2.) As per the case of prosecution, an information received by Assistant Sub-Inspector (ASI) namely Chanderlal Dhruv on 20.10.2007 at 11.00 a.m. at police station-Keshkal. He recorded information in Rojnamcha Sanha and sent the same to Sub-Divisional Officer Police (SDOP), Kondagaon. The said police officer and other persons reached to the spot and after giving information to the respondent regarding their right to be searched by any Gazetted Officer or Magistrate and after his consent, they started search and thereafter, two cartons were seized from possession of the respondent. Information of the proceeding was sent to SDOP and seized article which was weighed and found to be 16 kg. was handed over to in-charge of Malkhana namely Head Constable-Manoj Kumar Jain (PW- 5) who kept the same in safe custody of police station. Matter was reported and investigated and after completion of trial, the trial court acquitted the respondent as mentioned above.

(3.) Learned counsel for the State/petitioner submits that the trial court has ignored evidence of investigating officer-Chanderlal Dhruv (PW-4) and Manoj Kumar Jain (PW-5). He further submits that the seized article was sent to laboratory and found to be ganja, therefore, finding arrived at by the trial court is liable to be reversed.