Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 30 July, 1997 whereby, the Special Judge, N.D.P.S. Act Cases, (Additional Sessions Judge, No. 2) Kota, acquitted the accused-respondent Manzoor Alam in the offence under Section 8 read with Section 21 of Narcotic Drugs & Psychotropic i Substances Act, 1985 (hereinafter referred to as 'Act 1985').
(2.) The prosecution story as woven is like this : That on 13 March, 1993 at about 4:45 am, S.H.O. Police station Bheemganjmandi, Kota PW-5 Durganarayan Purohit received an information that one person named Manzoor Alam was selling smack near a wine shop, D situated in Bajariya. Having found the information reliable, Shri Durganarayan along with other police personnel reached the spot. Seeing the police, Manzoor Alam endeavoured to slip from there, but the police party nabbed him who identified himself to be Manzoor Alam S/o. of Makboor Alam. Durganarayan took his search and found one small pack in the right pocket of his trouser containing grey coloured powder i.e. smack which was 1 gm 250 ml.gm. in weight. S.H.O., Bheemganjmandi. seized the said smack vide recovery memo Ex.P/1, arrested the accused vide memo Ex.P/2, prepared site plan Ex.P/3, lodged the FIR Ex.P/7, recorded the statements of witnesses, sent the sample of smack for chemical examination and after usual investigation sent the accused for trial to the Court.
(3.) The accused was indicted for the offence under Section 8 read with Section 21 of Act 1985, who pleaded not guilty and claimed trial. The prosecution has examined only 5 witnesses to prove its case. The accused in its explanation under Section 313 of Cr.PC. claimed innocence. On completion of trial the accused-respondent was acquitted of the charge as indicated hereinabove.;