STATE OF RAJASTHAN Vs. KHINVRE KHAN, S/O IMAM KHAN, B/C MUSALMAN, R/O BADNAMA JAGIR, TEHSIL PACHPADRA, DISTRICT BARMER

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 373(iii) (i) of the Crimial P.C. against the judgment and order dated 05.04.1990 passed by learned Sessions Judge, Balotra in Session Case No.28/1988 acquitting the accused-respondent of the offence under Sec. 17 of the NDPS Act.

(2.) Brief facts of the case are that on 06.04.1988 at 8:00 p.m., Head Constable Bhar Singh along with Hari Singh, Bhanwar Bharti, and Bhagirath started from Police Chowki Kalya During the Nakabandi, an information was received at about 2 a.m. that one person was coming from Doli Kallan to eastern side along with opium. Accordingly, Bhar Singh, Head Constable along with aforesaid officials reached Doli Nadi at 3 a.m. where they saw the present accused-respondent carrying a bag on his right hand. He told his name as Khinvre Khan. On asking as to what he was carrying in the bag, he did not give any satisfactory reply. On strong suspicion that the accused-respondent was carrying opium in his bag, Bhar Singh brought the accused-respondent to Police Chowki Kalyanpur. Thereafter, Ranchhod Singh, S.H.O., P.S. Mandli was informed on wireless. On information, Ranchhod Singh arrived at Police Chowki Kalyanpur at 7:00 a.m. and the accused was produced before him. Accused-respondent was searched in the presence of two witnesses i.e. Bhar Singh (PW-1) and Mohan Lal (PW-2), Both are police constables. On search of the bag, 2.900 kgs. of opium was recovered. An FIR was registered, investigation commenced and challan was filed against the accused-respondent.

(3.) During the course of the trial, as many as 5 prosecution witnesses were examined and the statement of the accused-respondent was recorded under Sec. 313 of the Crimial P.C. After conclusion of the trial, the respondent was acquitted of the charge levelled against him.