UNION OF INDIA Vs. NARENDRA

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment dated 31st January, 1997 whereby, the Special Judge, N.D.P.S. Act Cases, Kota (Additional Sessions Judge, No. 2, Kota) has acquitted the accused -respondent Narendra S/o. Salig Ram in the offence under Section 8 read with Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act 1985').

(2.) THE prosecution story succinctly runs as under: That on 27th May, 1989 at about 11:45 am PW -6 Ratan Lal Goria accompanied by officers of Preventive Party checked a Bus No. RNP 1378 of Rajasthan Roadways on Kota -Bundi road near Khanna Farm and found one person sitting on seat No. 26 who identified himself to be Teju S/o. Babul Lal. Teju was carrying a plastic bag on his lap. On suspicion, Shri Goria called Conductor and Driver of the bus and searched the plastic bag wherein 2.300 klgm opium was found. It is alleged that the accused Teju told the checking party that this plastic bag containing the said opium belonged to Narendra who was sitting on seat No. 17 in the bus. Shri Goria took two samples of opium each of 25 gms and duly sealed them. Shri Goria prepared a Panchnama Ex. P/l, seized the tickets of the accused Narendra and Teju vide memo Ex. P/2 and Ex. P/3 respectively, arrested the accused Narendra vide memo Ex. P/4 and the accused Teju vide memo Ex. P/5, recorded the statements of the witnesses, recorded the statements of the accused persons also, sent the samples for chemical examination and after usual investigation submitted the charge sheet against the accused -persons Teju and Narendra in the Court.

(3.) HEARD the submissions advanced by the learned Public Prosecutor for the Union of India, learned Counsel for the accused -respondent and with their assistance scanned the relevant material available on record.