UNION OF INDIA Vs. MAGGA RAM

JUDGEMENT

(1.) This criminal appeal under Sec. 378 Cr.P.C. has been preferred by the appellant-Union of India against the judgment dtd. 1/7/1989 passed by the learned Additional Sessions Judge No.1, Sriganganagar ('trial court') in Sessions Case No.21/88, whereby the accused-respondent was acquitted of the charges against him under Ss. 8/17 & 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act of 1985').

(2.) Mr. Mukesh Rajpurohit, learned A.S.G. appearing on behalf of the appellant-Union of India submits that on 23/11/1987, the then Inspector, Central Excise and Customs Division, Sriganganagar had filed a complaint before the learned Additional Chief Judicial Magistrate, Hanumangarh. In the complaint, it was alleged that on 6/11/1987, upon an information being received from a mukhbir, he brought to the knowledge of the then Superintendent, Customs and Central Excise Division, Sriganganagar, the fact that Magha Ram (accused-respondent herein) was involved in the business of buying and selling of huge quantity of opium and ganja, in an unauthorized and illegal manner; whereupon he obtained a search warrant under Sec. 41 of the Act of 1985 against the accusedrespondent. After obtaining such warrant, the then Inspector, alongwith his team, departed for Hanumangarh town to conduct the necessary raid; they were also accompanied by Motbiran - Subhashchandra, Bhagaram. They all went to the shop (alleged to have been used to sell the contraband unauthorizedly) of the accused-respondent at Hanumangarh and made the search.

(3.) On the other hand, learned counsel for the accusedrespondent, while supporting the impugned judgment, submits that the learned trial court, has rightly noted the discrepancies and irregularities on the part of the investigating team, while framing the case against the accused-respondent.