STATE OF RAJASTHAN Vs. PAWAN KUMAR

JUDGEMENT

(1.) This criminal leave to appeal has been filed by the State against the judgment dated 29/11/2007 passed by Learned Special Judge, NDPS Cases, Hanumangarh in sessions case NO. 14/2004 by which the learned trial court acquitted the nonpetitioner Pawan Kumar for the alleged offence under Sec. 8/21 (B) of the NDPS Act.

(2.) In this case, FIR was registered against the non-petitioner on 13/4/2004 on the basis of inspection made during patrolling at about 3.40 pm near Nagrana bus stop, Nagrana. The nonpetitioner Pawan Kumar was suspected to have some commodity with him, therefore, upon investigation the Investigating Officer found a green polythene bag in his left pocket of the pant wherein light brown colour substance was found but no independent witness was present, therefore, efforts were made through constable Baldev Singh to call independent witness but he could not succeed in it. Upon inquiry, Pawan Kumar told that the commodity which is recovered from him is smack (heroin) for which he had no license or permit. Upon weighing the said commodity, it was found to be 12 gms. After recovery, sample of 01 gm was taken and sealed separately and necessary formalities were made on the spot and accused was arrested.

(3.) After receiving FSL report and completion of investigation, challan was filed against the non-petitioner for the offence under Sec. 8/21 NDPS Act. After filing of challan, charges were framed against accused non-petitioner and prosecution adduced evidence before the trial court and statement of accused respondent was recorded under Sec. 313 Crimial P.C. After hearing final arguments, the non-petitioner Pawan Kumar was acquitted of the charges under Sec. 8/21 NDPS Act vide impugned judgment dated 29/11/2007.