STATE OF M P Vs. BARDICHAND

JUDGEMENT

(1.) This appeal under Section 378, Cr.PC has been preferred by the appellant State being aggrieved by the judgment dated 9-4-1996 passed by the Court of Shri Premkant Dube, Sessions Judge, Mandsaur in Special Case No. 49/94, by which respondent Bardichand has been acquitted from the charge under Section 8/18 of the NDPS Act (for short 'the Act').

(2.) According to prosecution story on 19-3-1994 Hakim Singh Chouhan, S.O. Police Station, Piplyamandi, received an information from the informer that accused Bardichand in the night will go with the opium to sell it from Gram Amboa to Dhuriya Khali. Hence a Panchnama about the information of the informerwas prepared and Superior Officers were informed. Thereafter, raid party along with independent witnesses reached the spot Dhuriya Khali. On arrival of the accused Badrichand he was intercepted and apprised with the information of the informer and after obtaining his due consent, he was searched and from a bag contained by him, 5 kgs. of opium was seized from which two samples each of 30 gms. were prepared and marked as articles Al, A2 and remaining quantity was sealed in packet and marked as article A. All the packets and samples were sealed and seized on the spot. Other Panchnama was prepared and accused was arrested on the spot and raid party returned to police station. FIR was registered at Crime No. 48/94. One sample article Al was sent to FSL, Indore by the report of which sample was confirmed as containing opium. Hence after completion of the investigation, challan was filed and vide impugned judgment respondent was acquitted from the charges levelled against him. Hence this appeal has been preferred.

(3.) It has been argued on behalf of the appellant State that the prosecution case was proved against respondent on the basis of evidence of H.C. Chouhan (P.W. 7) and head Constable Dashrath Singh (P.W. 5); hence this appeal should be allowed.