ATUL KUMAR JAIN,J. - (1.) This is an appeal filed by the State of Rajasthan against the judgment dated 19.1.1991 passed by the learned Addl. Sessions Judge, Chittorgarh in Sessions Case No. 112/1988 The State of Raj. v. Mala Ram which relates to FIR No. 64/1988 of Central Narcotic Bureau, Chittorgarh. The learned lower court has acquitted the accused-respondent Mala Ram from the charge under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the N.D.P.S. Act of 1985'). The accused-respondent was charged in the lower court for the illicit possession of 4 kgs. 600 gms. of opium in a suitcase which was being carried in his lap while he was sitting in a public transport vehicle.
(2.) The grounds taken in the appeal against said acquittal order are as follows :- (1) that the learned lower court has not properly appreciated the evidence submitted on behalf of the prosecution, (2) that the statement of PW-1 Satya Narayan has not been relied upon, though he was a trustworthy witness, (3) that the statement of PW-5 Durga Lal and PW-7 Azizulla were sufficient to prove the charge against the accused respondent, (4) that the provisions which are not mandatory in the N.D.P.S. Act, 1985 have been given undue importance by the lower court and non-compliance of directory provisions of N.D.P.S. Act, 1985 should have been ignored by the lower court and the accused should have been convicted for the charge levelled against him.
(3.) In the light of above arguments, I have perused the impugned judgment of the learned lower court. I have also perused the record of the case.;