STATE OF RAJASTHAN Vs. MANA SINGH @ ROSHAN SINGH

JUDGEMENT

(1.) The State of Rajasthan is aggrieved by the judgment dated 10.6.2010 passed by the Special Judge, NDPS Act Cases, Sri Ganganagar, whereby the learned Judge has acquitted the accused-respondent, Mana Singh @ Roshan Singh, for offences under Section 8/ 21 of the NDPS Act.

(2.) In brief, the facts of the case are that of 7.2.2008, a forma! FIR was registered against Mana Singh, inter alia, stating that on 28.1.2008 he was arrested in FIRNo.28/08, registered for offence under Sections 302,201,120B IPC. He was sent into judicial custody. However, subsequently, he made a voluntarily statement under Section 27 of the Evidence Act before Narendra Kumar (PW14), the SHO Police Station, Kotwali, wherein he informed him that he can take him to his house, and recover 370 grams of smack. Upon this information, given under Section 27 of the Evidence Act, the accused was taken to his house. Subsequently, the police discovered 375 grams of smack. Thereafter, the police filed a charge-sheet for offence under Section 8/21 of NDPS Act against the accused.

(3.) In order to support its case, the prosecution examined fourteen witnesses, and submitted few documents. However, the defence neither produced any witness, nor submitted any document. After going through the oral and documentary evidence, the learned Judge acquitted the accused-respondent vide judgment dated 10.6.2010. Hence, this criminal leave to appeal before this Court.