UNION OF INDIA Vs. SUCHCHASINGH

JUDGEMENT

(1.) The present appeal, under Section 378(4) of the Code of Criminal Procedure, 1973 has been filed by the Union of India through Central Bureau of Narcotics, Neemuch against the judgment dated 24/12/1997 passed by the 2nd Additional Sessions Judge, Neemuch in Sessions Trial No. 60/1990. The respondent has been acquitted from the charge under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Facts of the case reveal that on 28/7/1989, at about 7:45 pm., near Bhavsara Fata, the respondent Suchchasingh was driving a Truck bearing registration No. MBV 5680 and the Truck was intercepted. Mr. Ranjan Pradhan, Assistant Narcotics Commissioner, Prevention Cell, along with Driver Lalchand, Sub Inspector D. K. Nagarkar and Inspector P. Ibrahim who were on patrolling duty and were returning from Gwalior, intercepted the Truck which was standing and in presence of witnesses Balveer Singh and Babulal a search was carried out. In the Truck, Driver Suchchasingh and its cleaner Manohar were present. While the search was going on, the Driver Suchchasingh took out a green polythene and threw it at the back seat. The green polythene was opened in front of witnesses and it was containing opium. The Truck Driver as well as the cleaner were arrested and even the owner of the truck was made an accused.

(3.) Ranjeet Singh, the owner of the Truck and Manoharlal, the cleaner of the Truck preferred a revision against framing of the charge and in Criminal Revision No. 95/1990, they were discharged by this Court. The charges were framed against the present respondent. The contraband was seized, sealed and statement of Suchachasingh and Manoharlal were recorded and thereafter a Panchnama was prepared.