STATE OF U.P. Vs. RAM SUMIRAN

JUDGEMENT

(1.) HEARD learned A.G.A. on application for leave to appeal against the judgment of acquittal. In this case 1 Kg. of opium is alleged to have been recovered from the possession of the accused. The case of prosecution is that recovery was made from bag. During the trial it was doubtful whether it was recovered from the bag or from the gunny bag (Bori). When the recovered contraband was produced before the court it was found wrapped in two polythene. The Court was also not satisfied regarding the condition of seal in which property was produced before the court.

(2.) I have gone through the judgment. There does not appear to be any apparent illegality in the impugned judgment. Recovered opium was less than commercial quantity.

(3.) ACCORDINGLY , leave to appeal is refused.