N.N. Mathur, J. - (1.) This State appeal is directed against the judgment dated 6th March 1981 passed by the Chief Judicial Magistrate First Class, Jalore, acquitting the accused respondent of offence under Sec. 9 of the Opium Act.
(2.) The prosecution case is that on 20th May, 1980. Police party made a search of 'dhani' of the accused and recovered opium. After conducting necessary proceedings and further investigation, a challan was filed against the accused respondent for offence under Sec. 9 of the Opium Act.
(3.) The Trial Court found that dhani was not in exclusive possession of the accused respondent. The dhani was inhibited by him and his wife.;