STATE OF M.P. Vs. GULAB CHAND

JUDGEMENT

(1.) The State, after obtaining leave, has filed this appeal against the judgment of acquittal of the respondent recorded by the Chief Judicial Magistrate, Ratlam, in Criminal Case No. 6224 of 1980 on 6.2.1981 of offence under Sec. 9(a) of the Opium Act.

(2.) Facts giving rise to this appeal as per prosecution case may be stated, in brief thus : On the basis of an information receive d earlier, on 8.9 1980 at about 7 a.m. P.W. 5 Gajraj Singh, Narcotic Inspector, Ratlam, along with P.W. 6 Banshi Singh Rathod, Sub-Inspector, Narcotics, Ratlam as also the panchas, P.W. 2 Narsingh and P.W. 3 Gordhan raided the house of the respondent situated in village Barbodna, police station Namli and on a search being made found two earthen pots out of which the bigger pot contained opium weighing 9 kgs. 800 gms and the smaller pot contained opium weighing 4 kgs. Sample of 30 gms of opium from each earthen pot was taken after following the necessary formalities. The respondent was arrested, the panchnama of seizure of the opium Ex. P-5 was also made and the report about the incident Ex. P-12 was lodged the same day by P.W. 5 Gajraj Singh which was recorded in the police register as Ex, P-13 at 2.15 p.m. at police station Namli. P.W. 1 Palauiappam, the Chemical Assistant, Grade I, Opium Factory, Neemuch on examining the samples found the same to be opium. Even, P.W. 5 Gajraj Singh and P.W. 6 Banshi Singh Rathod by tasting and smelling the same with their past experience also found that the article seized was opium. On these facts the respondent was prosecuted, which on trial resulted in his acquittal.

(3.) The defence of the respondent was of denial. Further according j to him some person had thrown away that opium at the well which has been shown to have been seized from the house of the respondent and that he has been falsely implicated as he failed to comply with the illegal demand of bribe of Rs. 1000.00