STATE Vs. DHOKLA RAM

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant-State against the judgment dtd. 29/8/1991 passed by the learned Sessions Judge, Sirohi in Sessions Case No.4/88, whereby the accused-respondents were acquitted of the offence under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) Learned Public Prosecutor appearing on behalf of the appellant-State, at the outset, submits that on account of demise of accused-respondent Dhoklaram s/o Sangram, the present appeal was dismissed as having abated qua him; and thus, the present appeal now survives only qua accused-respondent-Dhoklaram s/o Hema and accused-respondent-Lumbaram s/o Phoolaji. The amended cause title filed is already on record.

(3.) Learned Public Prosecutor appearing on behalf of the appellant-State submits that upon an information received from the informant (mukhbir) on 14/8/1987, blockade of the way of Village Ummedpura was done on 15/8/1987, at that time, Bhanaram, SHO of the concerned police station and his team were present there. Learned Public Prosecutor further submits that during such blockade, at about 02:00 a.m., three persons (present accused-respondents) were seen coming, of the description, as given by the informant, whereupon they were stopped by the police team and their credentials were asked; upon being found suspicion, they were searched, while following the due process of law, whereupon the contraband opium was recovered from the accused-respondents and the same was seized; the said opium was kept by the accused-respondents) without any lawful license.