STATE OF RAJASTHAN Vs. BHAGIRATH

JUDGEMENT

(1.) FEELING aggrieved against the order of acquittal, dated June 28, 1978, passed by the learned Addl. Sessions Judge, Bhilwara, in Sessions Case No. 54/77 (73/77), this appeal has been preferred by the State of Rajasthan against the respondents.

(2.) BRIEFLY speaking the prosecution case is that PW/1 Devilal, Sub-Ins-pector in Narcotics Department, received information from a Mukhbir (informant) that in a Car No. R. S. L. 3324 four accused persons were smuggling opium illegally. On receipt of this information and after obtaining directions from District Opium Officer, Chittorgarh, Devilal Sub-Inspector, accompanied by Constables, reached at Raila Railway Crossing No. 54 B, in the night of May 11, 1976. In the morning at about 3. 40 A. M. a car, coming from the side of Bhilwara, was seen and, as such, the police party was allerted and the railway crossing was closed. It is alleged that the said car stopped about 1/4 furlong away from the railway crossing and the Sub-Inspector and his party persons immediately reached there in the Jeep which they were having. Devilal, Sub-Inspector, immediately went to the driver of the car, in order to catch hold of him. He caught the driver and also took the key of the car in his possession. However, in the meantime, the person who were sitting in the car, succeeded in running away. It is alleged that the other police constables chased them and in the process of chasing, one of the miscreants made a fire from his revolver and in reply, the Constable, Chaturbhuj also made fire from his gun in their defence. The unfortunate part of the incident was that all the four occupants of the said car, who are said to be smugglers of the opium, succeeded in running away, inspite of the fact that the Sub-Inspector was having constables of the Narcotic Department and they had also one jeep to chase the miscreants.

(3.) THE contention of the learned Public Prosecutor is that so far the respondent Nand Lal is concerned, he was a car driver and he was caught there on the spot. As such, the court should have presumed that he had the knowledge about the opium being in his car and he had conscious possession of the same. So far the respondent Arjun is concerned, the argument is that in the statement of Kanhaiyalal, PW/11 it is proved that this accused had hired the car in question, which is a taxi car, and he had gone in the said car. Further, the accused Nandlal in his statement u/s 313 Cr. P. C. has also stated that he was one of the miscreants in smuggling the opium. So far Bhagirath and Deva accused are concerned, the learned Public Prosecutor submits that they have been identified by PW/1 Devilal and there is a further corroboration from the statement of Nandlal, recorded u/s 313 Cr. P. C.