STATE OF RAJASTHAN Vs. ONKAR LAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 13.6.1990 whereby the Sessions Judge Jhalawar has acquitted the accused respondent Onkar Lal in the offence under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "Ad, 1985").

(2.) The accused respondent has been indicted for the offence of having found in possession of 1.600 Kg opium on 10.5.1988 which was in two bags of polythene lying beneath the bags of fodder. It is alleged that PW-4 Dull Chand accompanied by Ishak Mohd. ASI, Bhairon Singh, ASI Rajpal Singh Constable and others while on patrolling, reached the house of the accused Onkar Lal and took the search of a room situated on the first floor wherein the bags of fodder were lying. PW-4 Duli Chand prepared the search memo Ex.P-1 and after undergoing the process of taking out of samples, weighing and sealing them etc., arrested the accused vide memo Ex.P-2. After usual investigation the police sent the accused for trial.

(3.) The accused was charged for the offence under Sec. 8 read with Sec. 18 of the Act, 1985 who pleaded not guilty and claimed trial. The prosecution has examined 13 witnesses to prove its case. The accused in his explanation under Sec. 313 of Crimial P.C., claimed innocence. After completion of trial, the learned trial Court acquitted the accused as indicated hereinabove.