STATE OF RAJASTHAN Vs. KALU RAM

JUDGEMENT

(1.) HEARD the learned Public Prosecutor.

(2.) THIS petition u/s. 482 Cr. P. C. is directed against the order dated 3rd March,89 passed by the learned District and Sessions Judge, Balotra in session case no. 33/88 State vs. Kalu Ram. By the impugned order the learned District Judge, Balotra while purporting to act as a Special Judge under the Narcotic Drugs and Psychotrophic Substances Act (for short NDPS Act) discharged the accused-non-petitioner Kalu Ram of the charges u/s. 17 and 18 of the NDPS Act on the ground that the Deputy Superintendent of Police, who conducted the search of the accused Kalu Ram was not empowered to conduct the search.

(3.) THE learned District Judge has also cited following unreported orders of the Rajasthan High Court:- (1) State vs. Hajari (10) (decided on 14. 4. 88) (2) State vs. Chaina Ram (11) (decided on 14. 4. 88) (3) State vs. Jagmal (12) (decided on 29. 4. 88) (4) State vs. Shivji (13) (decided on 29. 7. 88) (5) State vs Jagram (14) (decidec o n 29. 7. 88)