RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Criminal Appeal arises out of a judgment dated 24.12.2002 passed in Sessions Case No. 15/NDPS of 23.10.2002/2.7.2001 holding the appellant-accused guilty of offence under Section 18 of the Narcotic Drugs Psychotrpic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"), for having been found in conscious possession of 3 kgs. opium without a licence or permit.

(2.) THE prosecution case, as set out in paragraphs 2 and 3 of the impugned judgment, on re-production reads as under :-

(3.) LEARNED counsel has referred to a judgment of the Rajasthan High Court which is reported in 2004(4) Recent Criminal Reports 31 (Bhaiyan @ Shiv Murti v. State of Rajasthan), to contend that the ratio of this judgment is in point as the discrepancy in the weight of sample would prove fatal to the prosecution case.