STATE OF RAJASTHAN Vs. VIJENDRA SINGH

JUDGEMENT

(1.) This leave to appeal by prosecution is against the judgment dated 22.2.2008 passed by Special Judge, N.D.P.S., Cases, Sriganganager whereby respondent is acquitted for offence under Sec. 8/21 N.D:P.S. Act.

(2.) Heard learned Public Prosecutor and learned counsel for the respondent and perused the impugned judgment.

(3.) Per prosecution, on 17.1.2006 at about 3.30 afternoon SHO PW-12 having received some secret information recorded as Ex.P-20 and forwarded to higher officer, Deputy, Superintendent of Police. Per prosecution, the higher information officer so informed told the SHO of he (Dy.S.P.) close himself coming to Police Station so the information was delivered only at Police Station. Meanwhile, SHO calling two independent witnesses proceeded at about 3.30 P.M. and at a photostat shop found accused-respondent, and after giving a notice under Sec. 50 Ex.P-2 and as he is accused expressed of his desire for search by SHO, was searched and in his pocket allegedly found. 10 Grms, and 90 m.grams. heroin was seized. Sample separately collected and sealed, it in 'Malkhana' and the same was delivered to FSL and charge sheet submitted after investigation. Among prosecution witnesses examined are said independent witnesses who are declared hostile and three other police personals who accompanied SHO do depose of recovery.