SATATE OF M P Vs. TULSIRAM

JUDGEMENT

(1.) THIS order shall dispose of an application filed by the applicant/ State under section 378(3) of Code of Criminal Procedure seeking leave to file an appeal against the judgment delivered by the Special Judge, NDPS Act, Mandsaur in Special Sessions Case No. 13 of 2005 dated 13.8.2010 whereby, the respondents have been acquitted from the charges against them under section 8/18 of the NDPS Act.

(2.) BRIEFLY stated, the facts of the case are that on 13.3.2005 on receipt of information from the informant and after joining witnesses the raiding party apprehended respondents Tulsiram and Bhagirath, who were found in possession of opium. It is alleged that on investigation of the bag which was in the hands of Bhagirath two polythenes having 7 kgs. and 600 kgs. of opium respectively and on investigation of the polythene which was in possession of the accused Tulsiram 2 kgs. of opium was found therein without any valid licence or permission. Thereafter, after taking sample (30 grams each) from the seized bags/polythenes the same was smelt and burnt to confirm whether the seized article is contraband or not. The same was found to be opium - a contraband article. The remaining seized contraband material was sealed and deposited in police station concerned and FIR was registered by ASI, S.K. Mishra. After investigation, challan was filed. However, the Special Judge acquitted them of all the charges and it is against that order the applicant-State has filed this application seeking leave to file an appeal.

(3.) IT is also submitted, that even the judgment of the Court below with regard to delay in depositing the samples with the FSL Indore, is also not sustainable.