STATE OF RAJASTHAN Vs. RAM SWAROOP

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant-State under Sec. 378(iii) & (i) of Cr.P.C. against the acquittal of the accused-respondents from offences under Ss. 8/18 & 27(A) and 29 of NDPS Act vide judgment dtd. 21/7/1995 passed by learned Special Judge, NDPS Act, Sriganganagar, in Cr. Case No. 49/1993.

(2.) Brief facts of the case are that on 23/6/1993 C.I. Sukhdev Singh, Police Station Sadulshahar received an information that accused respondent Ramswaroop came to Sadulshahar with 5-6 Kgs. opium. Upon which, the Police conducted a blockade and caught respondent Ramswaroop, who was having opium with him and that too without any valid license. Thereafter, an FIR was registered against the accused-respondents and after usual investigation, the police filed challan against them. Thereafter, the Trial Court took cognizance against the accused-respondents and framed the charge for offence under Ss. 8/18, 29-A and 29 of NDPS Act. The accused-respondents denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined as many as nine witnesses and exhibited various documents. Thereafter, statement of accused- respondents were recorded under Sec. 313 Cr.P.C.