STATE OF RAJASTHAN Vs. MADAN LAL

JUDGEMENT

(1.) This State appeal is directed against the judgment dated 30.10.1981 passed by Judicial Magistrate, Gulabpura acquitting the accused-respondent of offence under Sec. 4/9 of the Opium Act, 1878.

(2.) The brief facts of the case are that on 6.10.1978, Head Constable Chand Mai on receiving information from a Mukhbir that in Bus No. RJE 4871, a person travelling in from Bhilwara to Beawar is carrying opium, stopped the bus and checked the same. On search, he found an attachi lying near the seat of a stranger in suspicious condition. On asking about the strange-man told that he attachee belonged to him. On search in presence of motbirs 4 Kg. & 100 Gms. of opium was recovered in 2 bags from that attachee. The opium was seized and necessary formalities were completed. After investigafion, police filed a charge sheet against the accused-respondent for the offence under Sec. 4/9 of the Opium Act.

(3.) I have gone through the impugned order of acquittal and perused the record.