STATE OF RAJASTHAN Vs. SANWANT SINGH

JUDGEMENT

(1.) Instant application has been filed against the judgment of order dated 8th July, 2000 passed by learned Special Judge, NDPS Cases, Pratapgarh by which respondent-accused has been acquitted for the offences punishable under Sec. 8/18 of the N.D.RS. Act in Cr. case No. 209/99.

(2.) Main ground of acquitted had been that two samples of 30 gm. each of opium had been taken by the prosecution and analyst report had come that weight of the opium sample was 10 gm. alongwith pouch.

(3.) Learned trial court placing scheme upon large number of judgments of Honble Supreme Court including that of Thandi Rooms State of Haryana, 1999 (2) EFR 179 and large number of judgments of this courts, particularly in Annu Khan Vs. State, 1995 Cr.L.J. 762 Shiv Nath Vs. State, 1997 Cr.L.R 624 , P. Bhajan Prakash Vs. State, 1997 Cr.LR 653 , come to conclusion that if weight of the sample has reduced to that extent, it cannot be hold to be compliance of Sec. 55 of the Act. As the judgment of learned trial court is based upon large number of judgments of Honourable Supreme Court and of this Court, no interference is called for. The application for leave to Appeal is hereby rejected. Leave to appeal dismissed.