STATE OF RAJASTHAN Vs. ILIYAS AND ANR.

JUDGEMENT

(1.) Briefly stated the facts of the case are that Hanuman Singh. S.H.O. police station Gaigal, district Ajmer in pursuance to a secrete information received by him recovered crushed poppy straw weighing 1 tonne, 5 quintal and 60 Kg. from truck RJ 19 G 4139 on 8.6.2004. The accused appellant Iliyas is said to be the driver of the truck and the accused respondent Jabardeen is the owner of the truck. The allegation is that it was in the knowledge of the accused respondent Jabardeen that crushed poppy straw was being transported by his truck. On these facts the accused respondent Iliyas was charged under Sec. 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) whereas the accused respondent Jabardeen was charged under Sec. 25 of the Act. The prosecution examined nine witnesses. The accused respondents in their statements recorded under Sec. 313 Cr.P.C. stated that they were innocent. However, they did not lead any evidence in their defence. By judgment dated 7.11.2006 passed by Special Judge, NDPS Act Cases. Ajmer in criminal case No. 9/2005 the accused respondent Iliyas was acquitted of the offence under Sec. 8/15 of Act whereas the accused respondent Jabardeen was acquitted of the offence under Sec. 25 of the Act.

(2.) Aggrieved by the Judgment, the appellant State has filed this criminal leave to appeal.

(3.) Heard learned P.P. and learned counsel appearing for the accused respondents.