STATE OF RAJASTHAN Vs. KHINYA RAM

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 24.03.1990 passed by the Sessions Judge, Balotra, whereby the learned Judge has acquitted the accused respondent, Khinya Ram for offence under Sec. 18 NDPS Act ('the Act', for short).

(2.) Shortly the facts of the case are that on 18.8.1988, around 12.15 P.M. the Police Station, Sindhari, received a secret information from an informer that Khinya Ram is about to board a bus from Jodhpur for Sanchor. He is carrying a bag in which contraband drug is kept. Considering the seriousness of the information, the SHO, Sohan Singh, (P.W.7) along with other police officers left for the bus-stand at Sindhari, around 1:20 P.M. They noticed a person standing near the booking counter; when the person was surrounded by the police party, the accused tried to run away from the place. The person was intercepted and was asked to reveal his name. He informed the police party that he is known as Khinya Ram. When the person was searched, it was discovered that on his waist, he is carrying a plastic bag inside an old Pyjama. The plastic bag contained black coloured liquid. It was found to be a milk of opium ( Afeem ka Doodh ). A sample of 30g was taken out and was sealed; rest of the remaining opium was also sealed. Subsequently, the respondent accused was charged for offence under Sec. 18 of the Act.

(3.) In order to buttress its case, the prosecution examined seven witnesses, and submitted nineteen documents. In turn, although the defence did not examine any witness, but it did submit four documents. After going through the oral and documentary evidence, vide judgment dated 24.03.1990, the learned Judge acquitted the accused respondent. Hence, this criminal appeal before this Court.