STATE OF RAJASTHAN Vs. KALU RAM

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment and order dated 13.6.1988 passed by learend Munsif and Judicial Magistrate, First Class, Dungla in Criminal Case No. 97/1983, whereby the accused respondent has been acquitted of charges under Sec. 4/9 of the Opium Act.

(2.) In this matter, the leave to appeal was granted on 31.10.1988.

(3.) In nut-shell the prosecution case is that on 18.6.1983 PW1 Roshan Lal Sharma, Inspector, Central Bureau of Narcotics, Neemuch, filed a complaint before the SHO, Police Station Bhadsodar, stating inter alia therein that a secret information was received at about 5.00 P.M. and accordingly search of the house and Bada of the accused was made. In the Bada, in the heap of fodder opium weighing 1 kg and 600 gms was found.