STATE OF RAJASTHAN Vs. SAPUT RAM

JUDGEMENT

(1.) This State appeal is directed against the judgment dated 29.8.1981 passed by the Judicial Magistrate, First Class, Bjlara, acquitting the accused respondent of offence under Sec. 4/9 of the Opium Act.

(2.) The facts of the case are that 1.450 kgs of opium is alleged to have been recovered from the possession of the first respondent-Saput Ram and 1.550 kgs. of opium from the possession of second respondent Krishna. It is alleged that both the accused persons were carrying opium while travelling in Bus No. RSG 6723.

(3.) The Trial Court acquitted the accused respondents on the ground that the prosecution failed to establish that the sample remained intact and was not being tempered with while it remained in Police custody. The view taken by the learned Magistrate is based on decision of the Apex Court.