STATE OF RAJASTHAN Vs. SRIPAL

JUDGEMENT

(1.) THE State is aggrieved by the judgment dated 18.8.2009 passed by the Special Judge, NDPS Cases, Sri Ganganagar, whereby the learned Judge has acquitted the accused respondent, Sripal for offences under Sections 8/18 of NDPS Act & Section 29 NDPS Act, 1985 ('the Act' for short). Briefly, the facts of the case are that on 13.3.2007, Abdul Kayum (P.W.11), received a secret information that Sri Pal is in the business of selling opium.

(2.) He has just gotten down from a the bus and has started walking towards his house. If he were intercepted, and police would recover opium from his possession. Having received this information, Abdul Kayum (P.W.11), immediately informed his superior officer in accordance with Section 42 of the Act. He formed a police party and left for the destination. From Connaught Place Circle, he picked up two independent witnesses. Subsequently, they reached near the house of Sri Pal. They intercepted him. After him the notice under Section 50 of the Act, Sri Pal was searched. The bag that he was carrying, contained a black liquid substance. The said substance was admitted by the accused respondent to be opium. From the bag the Police recovered 800 gms. of opium. Out of this 800 gms. opium, two samples of 50 gms. each were taken out and sealed. Subsequently, a charge -sheet was submitted against Sri Pal for offences under Section 8/18 and 29 of the Act, and against the co -accused, Dhokal Ram, for offence under Section 8/29 of the Act.

(3.) MR . Anil Upadhyay, the learned Public Prosecutor, has vehemently contended that the learned Judge has failed to appreciate the evidence in proper perspective. The learned Judge has ignored the fact that the prosecution witnesses have clearly proved the recovery of the drug; the FSL report also showed that the substance recovered from the accused respondent was indeed opium.