Mahesh Bhagwati, J. - (1.) CHALLENGE In this appeal is to the judgment dated 3rd April, 1997 whereby the Special Judge N.D.P.S. Cases (Sessions Judge) Alwar has acquitted the accused respondents Laxmi Narayan and Pusi in the offence under Sections read with Section 20 and the accused respondent Deendayal In the offence under Section 8 read with Section 20 and 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act 1985').
(2.) THE prosecution story is woven thus: That on 30th January 1996, PW -10 Shri Gaurhari Srivastava, Circle Officer, Alwar City accompanied by Police Officers reached by official vehicles at Mohalla Dhakpuri situated in Alwar. Shri Gaurhari Srivastava obtained an information from his informer that Laxminarayan and Deendayal were involved in trafficking of smack and "charas' and recently they have brought the charas ' and smack for sale. It is alleged that the raiding party reached at the house of Laxminarayan which was found locked. When he was called out by name, the accused Laxminarayan and soon thereafter the accused Deendayal and Pusi came out of the house. On search, nothing was found in the possession of Deendayal. PW -12 Shri Anil Kumar R.P.S. (P) took the search of Laxminarayan and found 68 grams v. chares' in the pocket of his trousers, he was wearing. Similarly, Shri Anil Kumar took the search of Pusi S/o Balluram and found 15 grams charas' in the right pocket of his trousers, it is further alleged that the raiding party thereafter took the search of the house of Laxminarayan which was on the ground floor in the building. On search the raiding party found 288.grams 'charas' in a Polythin bag lying in an Almirah. The accused Deendayal was residing on third storey of the building and on search one attachi was lying on Godrej Almirah wherein two packets were found. Having opened them, in one packet 757 grams 'charas' was lying and another packet was containing 55 grams 'charas'. In the same room, one attachi was lying under the double bed and on search one packet of white colour was found which contained 360 grams smack. Shri Gaurhari Srivastava took samples from all packets as per details enumerated .in Ex/ P/23 and duly sealed them. On the written report Ex. P/23 of PW/10 -Shri Gaurhari Srivastava, the S.H.O. Police Station Kofwali lodged the FIR Ex. P/23 and commenced investigation. The Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case, arrested all the three accused persons vide arrest memos Ex. P/2, P/3 and P/4, drew necessary memos, prepared the site plan Ex. P/17 and P/18, P/19, P/20, sent the samples for chemical analysis to Forensic Science Laboratory, Jaipur and after usual investigation filed the charge sheet against them.
(3.) THE accused Laxminarayan, Deendayal and Pusi were charged for the offence under Section 8 read with Section 20 and 21 of the Act, 1985 who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined as many as 12 witnesses. In their explanation submitted under Section 313 Cr:P.C, all the accused claimed innocence and after completion of trial, the learned trial Court acquitted all the three accused respondents in the aforesaid offence as indicated hereinabove.;