STATE OF RAJASTHAN Vs. PURKHA RAM

JUDGEMENT

(1.) This is criminal revision petition under S. 401/397 of Cr. P.C. against the judgment dated 17-2-88 passed by Shri D. N. Joshi, Sessions Judge, Balotra, whereby learned Sessions Judge had discharged the accused Purkha Ram from the offences under Ss. 17 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the N.D.P.S. Act). The accused was discharged on the ground that prosecution had grossly violated the mandatory provisions of S. 42 of the Act and actions under the mandatory provisions of S. 42 of the Act were not initiated by the officers empowered i.e. the Inspector, Sub-Inspector etc. The Sessions Judge had relied upon 1987 Cri LR 698 (Nandlal v. State) a judgment of this High Court while passing above said impugned order.

(2.) The facts relating to the said case, as per prosecution are that one Pratap Singh; Foot Constable had given an application in the Police Station, Balotra to the fact that when he was on duty, he was informed that the accused Purkha Ram was in possession of illicit opium. The Foot Constable, Pratap Singh had taken this accused to the police station and presented him before the A.S.I. Prabhu Singh. An F.I.R. No. 138 dt. 22nd May, 1987 for committing offences under Ss. 17 and 18 of the N.D.P.S. Act was recorded and investigations were started. It is stated that A:S.I. Prabhu Singh had inspected the site and site plan was prepared. He had arrested and searched the accused and also prepared recovery memo. He had recorded the statements of Pratap Singh, Hamir Khan and Budha Ram under Section 161, Cr. P.C. On receipt of report from the Laboratory, the case was filed in the Court.

(3.) The learned Sessions Jduge had discharged the accused on the ground that prosecution had violated the mandatory provisions of S. 42 of the N.D.P.S. Act. This order of the learned Sessions Judge is under challenge.