MITHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused Mithu Singh against a judgment dated 11.6.87 by the learned Additional Sessions Judge No.1, Hanumangarh camping at Sangaria, whereby the appellant has been found guilty for the offence punishable under Sec.8/15 of the N.D.P.S. Act. He has been awarded R.I. for 10 years and a,fine of Rs. 1 lac and for non-payment, additional R.I. for 2 years.

(2.) The prosecution story was to the effect that a secret information was received by PW 1 Dalu Ram (an ASI of Police Station, Sangaria) to the effect that 'poppy husk' was likely to be carried during the night near village Janduwaia Sikhan. The said ASI Dalu Ram along with Head Constable Abdul Qayyum and Constable Harbans Singh reached near the said village and near the Water Works, a tractor, which was being driven by the appellant was stopped. He searched the tractor and certain bags filled with 'poppy husk' were recovered and the total weight was 2 Quintal 80 Kg. Accordingly, the appellant was arrested, an FIR was lodged and ultimately, a challan was filed. The accused pleaded not guilty. Dalu Ram (AS I), Harbans Singh (Constable), Abdul Qayyum (Head Constable) and Lal Singh (PW 4) were examined by the prosecution. No defence evidence was led. Arguments were heard and the impugned judgment was delivered, hence, this appeal.

(3.) After hearing the learned counsel for the appellant and the learned Public Prosecutor for the State and after perusal of the record of the learned trial court, I find that the conclusion drawn by the learned trial court is not at all sustainable and the appeal deserves to be allowed.