STATE OF RAJASTHAN Vs. KALU

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment dated September, 1979, passed by Chief Judl. Magistrate, Jhalawad, in Criminal Case No. 48/1978 viz. State vs. Kalu, whereby respondent was acquitted.

(2.) BRIEFLY, the facts of the case are that S. H. O. Police Station Jhalara-patan, received an information from an informer that one person was excepted on the way between Chandloi and Patan coming from Chandloi side. He thereupon proceeded with Hasan Khan Constable and two local persons Kalyan Singh and Bhagwan Singh at 8. 00 p. m. to take positions on the road near Titarvasa towards Chandloi. At about 10 p. m. it is stated that he saw respondent Kalu coming with a gunny bag on his head. Upon interrogation the respondent gave out his name and on further enquiry gunny bag was found to contain illicit opium. Since no means of weighment were available the accused alongwith the gunny bag was brought to the police station at 11. 00 p. m. It was found that illicit opium was 11 kgs. Samples were taken and packets were made out according to rules and were sealed and signed. The first information report was also lodged by Pratap Singh S. H. O. on March 10, 1977. After completing the investigation, challan was filed by police who denied the charges framed against him and demanded trial. The trial Court after recording evidence and hearing arguments of both the sides, acquitted the respondent of the charges levelled against him.