STATE OF RAJ. Vs. JAGAN NATH

JUDGEMENT

(1.) This appeal is directed against the judgment of Munsif and Judicial Magistrate, 1st Class, Begu passed on 28.3.85 in Criminal Appeal No. 20/77 by which the accused- respondent has been acquitted of the charge U/s 4/9 of the Opium Act.

(2.) Heard learned Public Prosecutor and the learned counsel for the respondents. Perused the judgment of the trial Court.

(3.) The recovery of the alleged opium has not been made in the presence of the accused-respondent and no identification parade has been conducted for identification of the accused. Therefore, it cannot be said that so called opium was recovered from the possession of the accused-respondent. P.W. 2 Dhan Singh had identified the accused from his back only. Therefore, looking to the evidence produced by the prosecution, I am of the opinion that there is no reasonable ground to interfere with the judgment passed by the learned trial Court. Hence, the appeal filed by the State is liable to be rejected and is hereby rejected. Appeal dismissed.