STATE OF RAJASTHAN Vs. RAVI PRAKASH

JUDGEMENT

(1.) This application for leave to appeal has been filed by the State against the judgment of acquittal passed by learned Special Judge, N.D.P.S. Cases (Addl. Sessions Judge No. 2), Kota dated 18.10.2007 whereby the accused-respondent was given benefit of doubt and was acquitted of the offence under Section 8/21 of the N.D.P.S. Act.

(2.) Heard learned Public Prosecutor for the State and learned counsel for the accused respondent.

(3.) The learned Public Prosecutor has contended that the learned trial Court has failed to appreciate the evidence in right perspective as non-mentioning of cigarette packet in which sample was sent, is not having material bearing on the guilt of the accused.