STATE OF RAJASTHAN Vs. RUGH SINGH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 27th of July 1988 passed by the learned Addl.District & Sessions Judge, Barmer whereby he has acquitted the accused respondent of the offence under Section 18 of the NDPS Act 1985 (hereinafter referred to as 'the Act') and the offence under Section 25(A)(B) of Arms Act.

(2.) THE nub of the prosecution story is that on 23rd of June 1987, Gopal Singh SHO, Police Station Girab, accompanied by the police staff, reached on information at the Dhani of accused Rugh Singh, early in the morning at 07.00 AM and on search he was found in possession of 30 gms. of opium which was lying in a box. It is also alleged that during search, 16 live cartridges were also found inside the house. Having registered the criminal case, police commenced investigation and after its completion filed a charge sheet in the court.

(3.) THE learned Public Prosecutor Mr.Choudhary has contended that the accused Rugh Singh was in conscious possession of the opium which was lying in his house. He has contended that the lower court has erred in holding that the said Dhani was in the joint possession of accused Rugh Singh and his brothers. If the statements of PW/3 Veer Singh, PW/4 Kalu Khan, PW/5 Rajendra Singh, PW/8 Kishan Singh and PW/9 Bhaboot Singh are believed by the court then the offence under Section 18 of 'the Act' , is found to be proved beyond reasonable doubt. There is ample evidence on record with regard to the recovery of 30 gms. Opium from his possession.