LAWS(MPH)-2022-9-96

CENTRAL BUREAU OF NARCOTICS Vs. BHANVAR SINGH

Decided On September 14, 2022
CENTRAL BUREAU OF NARCOTICS Appellant
V/S
Bhanvar Singh Respondents

JUDGEMENT

(1.) Present appeal has been filed under Sec. 378(4) of the Criminal Procedure Code, 1973 (in short 'Cr.P.C.') being aggrieved by the impugned judgment dtd. 8/1/1999 passed by the II ASJ, Neemuch in Special Sessions Trial Case No.127/1994, whereby respondent/accused Bhanwar Singh has been acquitted for the offence under Sec. 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act').

(2.) Brief facts of the case are that on 2/6/1994 at about 6:30 AM at Neemuch-Manasa road near Village Girdouda, Inspector of Narcotic Control Bureau (in short 'NCB') had recovered 800 grams opium from co-accused Babulal and Maikaram. During the investigation it revealed that they have purchased the same from respondent/accused Bhanwar Singh. On that information respondent was arrested on 17/9/1995 and offence has been registered against him. NCB official recorded his statement under Sec. 67 of NDPS Act but nothing has been recovered from his possession.

(3.) After completion of the investigation charge sheet has been filed under Sec. 8/18 of NDPS Act. Learned trial court has framed the charge under Sec. 8/18 of NDPS Act against the present respondent. The respondent/accused abjured his guilt and claimed for trial. After completion of the trial, learned trial court has acquitted the respondent from the aforesaid charges. Therefore, this appeal has been preferred by the appellant.