STATE OF RAJASTHAN Vs. MANGILAL

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 7.11.1996 passed by the learned Special Judge, NDPS Cases Jodhpur in Sessions Case No. 32/96 by which he acquitted the accused respondents of the charges for the offence Under Sections 8/18, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act').

(2.) THE facts giving rise to this appeal, in short, are as follows: -On 26.2.1996; PW -19 Idanram. Dy. SP came to Bhatiyana in connection with FIR No. 9/96 Police Station Phalsund at about 3.00 PM and then a wireless message was received that two smugglers were coming on a motor cycle from Sankda to Bhatiyana and both were young and wearing pent, shirt etc. and upon this, during Nakabandi, efforts were made to get them stopped at Sankada Fantay, but could not be stopped and, thereafter, they were chased and later on, motor cycle slipped in the sand and they tried to run away, but after chasing they were apprehended. On being asked, first person told his name as Mangilal (accused respondent No. 1) and another person told his name as Harlal (accused respondent No. 2). Thereafter, PW -19 Idanram told them that he had suspicion that they had contraband opium and the accused respondents Mangilal and Harlal were given notices Ex.P/6 and Ex.P/7 respecitvely under the provisions of Section 50 of the NDPS Act asking them whether they wanted to be searched before the Addl. Chief Judicial Magistrate, Pokaran or by PW -19 Idanram and they gave their consent that they could be search by PW -19 Idanram and the Fards of consent of the accused respondents Mangilal and Harlal are Ex.P/4 and Ex.P/5 respectively. Thereafter, first accused respondent No. 1 Mangilal was searched and on search, about Rs. 3 lacs were recovered from him and apart from that 500 grms. milk of opium was also recovered from him out of which one sample of 30 grms. was taken and sealed on the spot separately and marked as S -1 and the remaining milk of opium was also sealed separately on the spot and marked as A. Thereafter, accused respondent No. 2 Harlal was searched and on search, Rs. 5000/ - were recovered from him. The Fard of search and seizure prepared on the spot by PW -19 Idanram is Ex.P/8 and the Motbir witnesses are PW -6 Bhanwar Singh and PW -17 Moolaram. The fard of specimen impression of seal is Ex.P/9. The accused respondent No. 1 Mangilal was arrested through arrest memo Ex.P/10 and the accused respondent No. 2 Harlal was arrested through arrest memo Ex.P/11. The motor cycle in question was seized through seizure memo Ex.P/12. Thereafter, a regular FIR Ex.P/20 was chalked out at Police Station Phalsund. The recovered articles and sample were handed over to Malkhana Incharge PW -14 Swaroop Singh, who deposited the same in the Malkhana and made entries in the Malkhana Register Ex.P/21A. Thereafter, one sample was given by PW -14 Swaroop Singh to PW -13 Hukam Singh, who deposited the same in the FSL, Jaipur and obtained receipt Ex.P/18. The FSL report is Ex.P/19A in which it was reported that the sample contained in the packet marked S -1 gave positive tests for the Chief constituents of the coagulated juice of opium poppy having 2.75% (Two point seven five percent) Morphine.

(3.) ON the other hand, the learned Counsel appearing for the accused respondents submitted that the findings of acquittal recorded by the learned Special Judge are based on correct appreciation of evidence and cogents reasons have been given by the learned Special Judge in acquitting the accused respondents of the charges for the offence Under Sections 8/18, 27A and 29 of the NDPS Act and thus, no interference is called for with the impugned judgment and order of acquittal in this appeal.