LAWS(MPH)-2012-1-124

STATE OF M P Vs. VIJAY KUMAR

Decided On January 31, 2012
STATE OF M P Appellant
V/S
VIJAY KUMAR Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 18.12.1996 passed by the Special Judge in the Court of Additional District & Sessions Judge, Narsinghpur in S.T. No. 110/96; whereby the respondent has been acquitted from the charge punishable under Section 8 read with Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) THE prosecution story in brief is that on 2.8.1996, Thana In -charge, G.R.P. Police Station Gadarwara received a secret information on telephone from informer that a man sitting in front of tea stall and bearing black spot T - Shirt and full pant, had blue bag with opium. On its receipt, Shri U.L. Tiwari, reduced it in writing as Panchnama Ex.P1 and requested the Tahsildar to reach the Platform No.2. THEreafter, he alongwith police staff namely ASI D.P. Dubey, Head Constable and 4 Constables proceeded towards the Platform No.2. THE Tahsildar; Gadarwara also reached there. On being asked; the accused told his name, address and wrote his consent letter for his search. THE respondent/accused was searched. On search of his bag, a polythene containing contraband opium weighing 1 kg was found. He had no licence to keep the opium. Two samples, each of 30 grams, were taken and sealed. THE remaining opium was sealed in plastic bag. Shri U.L. Tiwaii also seized his bag and bed sheet. THEreafter he arrested the accused/respondent and registered the First Information Report. THE articles recovered from the accused/respondent were deposited in the Malkhana and entries were made in the Register. After usual investigation, challan was submitted against the accused respondent

(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.