STATE OF RAJASTHAN Vs. RAHIM

JUDGEMENT

(1.) THIS is a State appeal under Section 378 (iii) & (i), Crpc against the judgment and order dated 18. 11. 1987 passed by learned Additional District and Sessions Judge, Barmer in Criminal Case No. 89/1987 (State vs. Rahim), whereby the accused respondent has been acquitted of the charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as `the NDPS Act' ).

(2.) BRIEFLY stated, the facts of the case are that on 14. 11. 1986 PW. 11 Chandan Singh, SHO, Police Station Gadra Road, Barmer received as secret information while he was on patrolling duty that accused was having opium in his house. The search of the house was made and opium was recovered from a bag in presence of motbir witness. Out of recovered opium, which was 3 Kgs. , a sample of 30 gms. was taken out. The sample was seized and sealed and remaining 2970 gms. opium was also seized and sealed separately. The accused was arrested. The sample was sent for chemical examination. On examination, it was found to have contained opium. The FSL Report in Exhibit-P/10.

(3.) ON the other hand, learned counsel for accused respondent has argued that in the present case, no compliance of Section 42 and 57 of the NDPS Act, has been made. It has next been contended that no linking evidence has been produced to complete the chain in relation to the recovered articles kept intact in Malkana till it reached to the Forensic Science Laboratory, Jaipur. In the last, it has been contended that the prosecution has not proved that place from where the alleged recovery has been made, was exclusive in possession of the accused.