STATE Vs. HAZARI LAL

JUDGEMENT

(1.) The instant appeal has been directed by State of Rajasthan challenging the judgment of acquittal dtd. 14/2/1997 passed by learned Addl. District and Sessions Judge, Nimbahera, Chittorgarh whereby after rigorous trial, the accused respondent has been acquitted from the charges under Sec. 8/18 of NDPS Act.

(2.) The prosecution story in nutshell is that upon receiving an information, the team of police station Bhadsonda proceeded to the house of the accused respondent and where certain quantity of opium was recovered for which seizure memo Exhibit P-2 was prepared. The accused respondent was apprehended from the spot and FIR exhibit P-16 came to be lodged after usual investigation and he was charge-sheeted under Sec. 8/18 of NDPS Act. After conducting enquiry and framing of charges, the trial got commenced and several witnesses were produced by the prosecution and reliance was placed on certain documents to substantiate the charge. Whereafter the accused was examined under sec. 313 of Cr.P.C., wherein he abjured from the allegations and pleaded innocence. After hearing learned counsel for the parties, vide the impugned judgement, learned trial court acquitted him from the charges. Hence , this appeal by State of Rajasthan challenging the judgment of acquittal dtd. 14/2/1997.

(3.) I have heard learned counsel for the state. Since nobody is appearing on behalf of respondent thus, Ms. Jyoti Choudhary is appointed as amicus curiae to represent the accused and assist this court which she did aptly and duly. She appointed as Amicus Curiae under the free legal aid scheme of Rajasthan State Legal Services Authority. The remuneration to learned counsel shall be paid by RSLSA as the per the rules.