STATE OF M.P. Vs. BAHADUR SINGH

JUDGEMENT

(1.) THE appeal is directed against the judgment and Order dated 27-2-92 of IInd Addl. Sessions Judge, Mandsaur, passed in S.T. No. 297/91, whereby the accused-respondent has been acquitted of the offence punish­able under Section 8/18 and 8/21 of the Narcotic Drugs &. Psychotropic Substan­ces (NDPS) Act.

(2.) IT is alleged that the'accused-respondent was involved in preparation and disposal of Smack. The information was received by Police Officer P.W. 11 Anil Singh. P.W. 13 Ajit Singh prepared document and visited the spot. Search of the house was taken, about 100 gms of smacks was seized. The same was kept in a sealed cover and then sent for chemical examina­tion. On chemical examination it was found to be a narcotic drugs, as such, ac­cused was prosecuted. He pleaded not guilty and false implication. The learned trial Judge has acquitted the accused main­ly on the ground that the place of search by the policeofficer has not been proved to be in possession of the accused. Hence, this appeal by the State.

(3.) THE Apex Court of this Country has propounded following principles of law to be adopted while dealing with ap­peals against acquittal: