STATE OF RAJASTHAN Vs. RATTIRAM

JUDGEMENT

(1.) THE state of Rajasthan has filed this appeal against the acquittal of the accused-respondent from the offence of S. 4,9 of the Opium Act.

(2.) THE respondent, Rattiram was alleged to have opium as per the information received by Rameshwar Dayal Head Constable of Police Station, Bakani (Jhalawar district) on 25. 8. 71. A trap was arranged towards the village Motipura along with the police party. In the morning at about 2. 00 a. m. accused was sighted and spotted. He has intercepted and 500 gms opium was recovered from one bag and 800 gms opium from another bag. THE memo was prepared at the site in the presence of motbirs. Rattiram was arrested. THE samples were sent to the Public Analyst which were found to contain morphine. THE challan was produced after usual investigation. After trial the accused respondent was acquitted.

(3.) SHRI Mathur on the contrary has submitted that the recovery memo, site inspection memo corroborated the statement of these witnesses and the substance of the allegation is that there were two bundles which the accused was bringing in his turban, tied to his hand and out of them, when he was apprehended he tried to throw on the ground and one was thrown on the well and one was found in his hand.