Mahesh Bhagwati, J. - (1.) CHALLENGE in this appeal is to the judgment dated 7 December, 1996 whereby the learned Sessions Judge, Jaipur has acquitted the accused -respondents Ram Kishore and Radhey Shyam in the offence under Section 8 read with Section 22 of Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "Act, 1985").
(2.) THAT the accused persons Radhey Shyam and Ram Kishore are alleged to have been found in possession of one bag Post -Chura, one bag of Post -Doda and one bag of Churabhang on 28 February 1996. It is alleged that PW -4 Shri Chhitar Singh, S.H.O. Police station Chaksu conducted the raid in a shop situated near Dargah, Tonk Road, Chaksu wherein two persons were found, who identified themselves to be Ram Kishore and Radhey Shyam. On search, one bag of Post Chura, one bag of Post Doda and one bag of Bhang Chura was found lying therein. Appellants had no licence to keep the same in their shop hence they were seized vide memo Ex.P/3 and samples were taken from each bag and sealed accordingly. Having registered the FIR, the case statements of the witnesses were recorded, necessary memos were drawn and after usual investigation the appellants were sent for trial to the competent court. The appellants were indicted for the offence under Section 8 read with Section 22 of the Act 1985, who pleaded not guilty and claimed trial. The prosecution examined in all six witnesses to prove its case. In their explanation under Section 313 of Cr.P.C., the appellants claimed innocence. On completion of trial, the learned trial court acquitted the accused -appellants as indicated hereinabove.
(3.) HEARD the learned Public Prosecutor appearing for the State, learned Counsel for the accused respondents and with their assistance, scanned the material available on record.;