STATE OF RAJASTHAN Vs. MALA RAM

JUDGEMENT

(1.) The instant appeal has been filed by the State under Section 378(3) and (1) of Cr.P.C. against the judgment of the learned Sessions Judge, Balotra in Cr. Case No.15/88 under Section 17 and 18 of the NDPS Act.

(2.) The learned Public Prosecutor vehemently submitted that the respondent Mala Ram was prosecuted by the Sessions Judge, Balotra for offence punishable under Section 17 and 18 of the NDPS Act but after trial, the learned trial court acquitted the accused respondent from the charges levelled against hm merely on technical grounds, therefore, the judgment impugned deserves to be quashed.

(3.) The learned counsel for the State submits that as there is no reason to disbelieve the fact of recovery by the police party from the accused, so also, the fact that 1.600 grams contraband opium milk and 750 grams opium was found in the possession of the accused, but the learned trial court acquitted the respondent from the charges levelled against him in spite of the fact that charges are proved. Therefore, the judgment impugned may be quashed and the respondent may be convicted for the offences committed by him under the NDPS Act.