STATE OF RAJASTHAN Vs. KARNIYA

JUDGEMENT

(1.) The appellant-prosecution (hereinafter referred to as the 'appellant') has preferred the instant appeal against the order dtd. 7/3/1990 passed in Sessions Case No. 19/1988 (hereinafter referred to as the 'impugned judgment') by learned Sessions Court, Balotra (hereinafter referred to as the 'Trial Court), whereby the respondent-accused (hereinafter 'respondent') was acquitted of the charge under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985').

(2.) On 16/12/1987, the S.H.O Police Station - Siwana - Sh. Vishnulal upon receipt of information from an informant around 10:30 p.m. proceeded along with the police party and two independent witnesses, namely, Sh. Jesaram and Sh. Pukhraj who they picked from the Bus Stand -Siwana. Thereafter, they took a private vehicle to reach the Mokalsar Chauraha where they left the private vehicle and set up a barricade on the road that goes to the Agriculture Department to intercept the suspected person who was reported to be carrying opium.

(3.) Around 11:40 a.m. a train arrived from Jalore and shortly thereafter the police intercepted a man coming from the railway station carrying a handbag in his right hand. Upon search the man (accused - Karniya S/o Shri Chuna Ram Vishnoi R/o Foolan) was found carrying three polythene bags out of which two polythene bags contained opium milk and the third polythene bag was covered with opium milk.