DAULAT RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a Criminal Revision under Section 397 read with Section 401, Cr.P.C, challenging the order of the Munsif and Judicial Magistrate (1), Jodhpur dated 9 -11 -77 in Criminal Original case No. 1100 of 1977 under Section 9 of the Indian Opium Act.

(2.) ONE Jagdish Prasad Excise Inspector lodged an F.I.R. at 7 P.M. on, 2 -11 -74 at P.S. Jhanwar. It was alleged that a Car bearing No. 6212 was seized and on search it was found that it contained substance like opium in its diggi. However, during in vestigation, the Chemical Examiner reported in negative for opium. A final report was submitted. The Magistrate concerned was, however, not satisfied and directed the Assistant Public Prosecutor to produce the seized material. A sample was then taken by the Magistrate and it was ordered to be sent for re -examination.

(3.) THIS order was challenged before this Court under Section 482, Cr.P.C. and the petition was accepted on 20 -10 -76 Vide S.B. Criminal Misc. Petition No. 295/76 (1976 R.L.W. 539). The order of the Magistrate was quashed.