STATE OF RAJASTHAN Vs. RAM NATH

JUDGEMENT

(1.) THE State of Rajasthan has filed this appeal against accused Ramnath, as the State is aggrieved by the acquittal of Ramnath by the Munsif and Judicial Magistrate, Nagaur in Criminal Case No. 710/74, decided on February 7, 1978.

(2.) ACCORDING to the prosecution, the Deputy Superintendent of Police Nagaur went for an inspection of Rol Police outpost on July 26, 1972 and he was secretly informed that the opium was lying in the house of accused Ramnath. On this information, the Deputy Superintendent of Police Shri Vasudeo accompanied by A.S.I. and Police Constables, went to the house of accused Ramnath. He called motbirs Ghasi Ram and Motiram and gave search of the police officials and entered the house of accused Ramnath. Accused Ramnath was present in the house at the time of search. On search was found beneath the iron cage, two iron dibhies. One dibi contained 320 grams of opium and the other contained 65 grams of opium. Samples were taken and sent for chemical examination. A seizure memo was prepared on the spot. On examination, it was found that the articles of sample were opium.

(3.) I have carefully considered the submissions of the learned Public Prosecutor and the learned Counsel for the accused.