STATE OF MADHYA PRADESH Vs. DEEPAK

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment dated 18.12.1996 passed by the Court of Special Judge, Narsinghpur in S.T. No.111/96., whereby the respondent has been acquitted from the charge punishable under Section 8 read with section 18 of Narcotic Drugs & Psychotropic Substance Act, 1985.

(2.) THE brief facts of the case are that on 2.8.1996 at about 17.30, Thana In-charge, G.R.P. Police Station Gadarwara received a secret information from informer that a man, wearing maroon full pant, cream full shirt and white shoe sitting in front of Parcel Office, Gadarwara, possessed illegal contraband opium. THE information was recorded by U.L. Tiwari, In-charge Police Station (PW1) in Rojnamcha No.93 dated 2.8.1996. He along with police staff namely ASI D.P. Dubey, Head Constable and 4 Constables proceeded towards the Platform No.2 and directed the Head Constable to inform the Tahsildar. He along with his staff rearched Platform No.2, met informer and reduced the said, information in writing as Panchnama Ex.P1. THE Tahsildar, Gadarwara also reached there.

(3.) AFTER appreciating the evidence, the trial Court did not find the respondent guilty under Section 8 read with Section 18 of Narcotic Drugs & Psychotropic Substance Act, 1985, and acquitted him from the charge levelled against him. Being aggrieved by the impugned judgment of acquittal, the instant appeal has been preferred by the State of Madhya Pradesh, after taking leave from this Court on the grounds mentioned in the memo of appeal.