STATE OF RAJASTHAN Vs. BABU LAL

JUDGEMENT

(1.) The instant leave to appeal application has been preferred by State of Rajasthan under Section 378(iii) and (i) Cr.P.C. being aggrieved by judgment dated 02.04.2018, passed by Special Judge, NDPS Act Cases, Pratapgarh in Sessions Case No.38/2016, whereby, learned trial Judge, convicted the accused Babu Lal @ Jagdish and Banshi Lal for the offence under Section 8/15 of the NDPS Act, but, no specific finding was recorded by the trial Court on the charge framed against Babu Lal for the offence under Section 8/25 of the NDPS Act.

(2.) I have heard and considered the submissions advanced by learned Public Prosecutor and gone through the impugned judgment.

(3.) It is true that trial Court framed specific charges against accused-Babu Lal for the offences under Sections 8/15 and 8/25 of the NDPS Act, but, while concluding the case, no finding was recorded by trial Court in the impugned judgment for the charge under Section 8/25 of the NDPS Act. To that extent, the trial Court committed grave and legal error while rendering the impugned judgment. Nonetheless, I have gone through the impugned judgment dated 02.04.2018, passed by trial Court and find that as per prosecution case, accused-Babu Lal @ Jagdish, who is alleged to be the registered owner of loading tempo bearing registration No.RJ06-GB-1020 from which, the contraband poppy straw weighing 361 kgs and 300 gms. was recovered, was himself found present in the tempo.