STATE OF RAJASTHAN Vs. BAXSHISH SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by the State of Rajasthan under Section 378 (iii) and (i) of the Cr.P.C. against the judgment dated 17.7.1997 passed by the learned Special Judge, N.D.P.S. Cases, Bhilwara in Sessions Case No. (177/94) 156/97 whereby, the respondent accused Baxshish Singh has been acquitted of the charge under Section 8/18 of the N.D.P.S. Act and accused Kalu Singh has been acquitted of the charge under Section 8/18 read with Section 29 of the N.D.P.S. Act.

(2.) The brief facts relevant and essential for the disposal of the appeal are noted herein below:

(3.) Learned Public Prosecutor has vehemently and fervently contended that the prosecution led complete link evidence to establish the sanctity of the samples forwarded to the FSL and that the view taken by the Trial Court in this regard is illegal and contrary to the facts. He further submits that as the search was taken from a suitcase being carried by the accused at a public place, the provisions of Section 42 would not apply and thus, the acquittal of the respondents of the charge under Section 8/18 read with Section 29 of the N.D.P.S. Act is perverse and hence, the impugned judgment deserves to be set aside.