STATE OF RAJASTHAN Vs. SIRAJ AHMED

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 1.2.91 passed by the Additional Sessions Judge, Chittorgarh.

(2.) The prosecution story in brief was that on a secret information the SHO Police Station Nimbahera on 27.7.88 went to the house of the respondent Siraj Ahmed in the township of Nimbahera situate in Idgah Masjid area and following recoveries in respect of opium were allegedly made :

(3.) The Recovery Memo Ex.P/1 was prepared, the accused was arrested and after investigation the challan was filed under section 8/18 of the NDPS Act in the court of Sessions Judge, Pratapgarh from where the case got transferred to the said trial court. The accused pleaded not guilty to the charge. As many as 10 witnesses were examined by the prosecution in support of its case. DW-1 Ahmed Hussain was examined by the accused in his defence. According to DW-1 Ahmed Hussain the accused was not living in the parental house because his relations with his father were strained and the house in question was in the occupation of a brother of the accused who lived there with his family. The learned trial court then heard the arguments and delivered the judgment of acquittal against which the State has come in appeal.