STATE OF RAJASTHAN Vs. ONKAR LAL AND ANR.

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment and order dated 09.12.1987 passed by learned Munsif and Judicial Magistrate, First Class, Badi Sadari, District Chittorgarh in Criminal Case No.231/1982, whereby the accused respondents have been acquitted of the charge under Sec. 4/9 of the Opium Act.

(2.) The leave to appeal was granted against the accused respondents on 29.04.1988.

(3.) Briefly stated, the prosecution case is that on 30.10.1982, PW.8 Prem Singh alongwith PW.4 Narwar Singh and PW.5 Arjun Singh were on their patrolling duty. At about 7:10 a.m., they saw two persons coming out of the shop of P W.3 Amba Lal Nai and were about to board the bus destined to Chittorgarh. On suspicion, they were apprehended and a search was made in presence of Motbirs. From their possession two plastic bags of opium weighing 4 Kgs. and 800 gms and 200 gms. was recovered. The plastic bags were taken in custody vide Exhibit P/1. Two samples of 30 gms. each were taken for chemical examination, which were seized and sealed at the spot. Written report of the incident was submitted at the police Station Badi Sadari.