STATE OF RAJASTHAN Vs. RAWTA RAM

JUDGEMENT

(1.) This State appeal is directed against the judgment dated 6th March 1981 passed by the Chief Judicial Magistrate First Class, Jalore, acquitting the accused respondent of offence under Sec. 9 of the Opium Act.

(2.) The prosecution case is that on 20th May, 1980. Police party made a search of 'dhani' of the accused and recovered opium. After conducting necessary proceedings and further investigation, a challan was filed against the accused respondent for offence under Sec. 9 of the Opium Act.

(3.) The Trial Court found that dhani was not in exclusive possession of the accused respondent. The dhani was inhibited by him and his wife.