C.M. Totla, J. - (1.) PREFERRING this appeal, prosecution requests that setting aside the judgment of the trial Court dt. 3.4.87 acquitting respondent of the offence of Section 9, Opium Act, the respondent be convicted and appropriately punished for the offence.
(2.) HEARD learned Public Prosecutor and learned Counsel for the respondent. According to prosecution, on 07.10.1981, SHO PW 8 at Chowki of PS, informed by informer that a person wearing a white shirt ('kameez'), white Dhoti, pink coloured baniyan and having old nylon chappals in feet, travelling in Phalodi to Bikaner Bus, is having opium in green bag of canvas -the SHO making entry Ex. P3 in rojnamcha along with Head Constable PW 6 and constables quickly reached at bus stand, from where as bus had just left, so he following in a jeep near power house, the bus was stopped -on search found that on a seat of the bus a person resembling above, was sitting, with a bag on his thighs -on search in a polythene bag found about 3 quarter kilo opium -from which the same was seized and separately sample of 30 gms sealed preparing memo Ex.P -1 also affixing impressions of the seal used - appellant enquired about his name, address etc. and conductor informed the person to have boarded the bus from Khetra purchasing ticket for Bikaner -the accused, who is respondent arrested and on his search found bus ticket and Rs. 150/ - seized. SHO making entry of entire incident in roznamcha of chowki and than reaching PS and on the basis of entry and his own report, registered FIR No. 55/81 Ex.P -5 for the offence of Section 9, Opium Act. Keeping the packets safe, the packet of sample was forwarded to Laboratory for examination. After investigation, charge -sheet submitted in Magisterial Court and Criminal Case No. 81/1981 was registered.
(3.) APPELLANT charged for the offence of Section 9, Opium Act that in his possession and illegally on 07.10.1981 at around 2.30 p.m. in a bus at town Kolayat, found 3 quarter kilo of opium -appellant claimed trial.;