STATE OF RAJASTHAN Vs. KARNAIL SINGH

JUDGEMENT

(1.) This state appeal is directed againsl the order daled 01.09.1981 passed by the learned Munsiff and Judicial Magistrate, 1st class, Sangaria acquitting the accused respondent herein of offence under Sec. 9 of the Opium Act.

(2.) The facts in brief are that on 10.09.1977 S.H.O., Sangaria recovered 20 Kg. of poppy Posth from the possession of the accused respondent herein which was lying in his bag at the back portion of his cycle. The accused respondent was challenged under Sec. 9 of the Opium Act in the court of Munciff & Judicial Magistrate, 1st class, Sangaria. The accused pleaded not guilty to the charge and claimed trial. The prosecution produced Gopiram, Bhimraj and Hanumandass in evidence and certain documents were produced. However, the learned Magistrate acquitted the accused on the ground that the Head Mohrir who is said to have been carried the sample from the Police Station to the laboratory had not been produced. Thus in opinion of the learned Magistrate, the prosecution failed lo establish that the sample was not tempered. The learned Magistrate took the decision relying upon the decision of the Apex Court reported in Criminal Law Reporter 1980 SC 84.

(3.) It is contended by the learned Addl. P.P. that it is evident from Ex. 3 given by the chemical analyst that the sample waiTrcceived intact. 1 am unable to agree with the submission of learned Addl. P.P. It was incumbent upon the prosecution to show that the sample was carried intact. In view of this, I find no infirmity in the order dated 01.09.1981. The state appeal is accordingly rejected.