STATE OF RAJASTHAN Vs. DHARMA RAM S/O CHOONA RAM, B/C BISHNOI

JUDGEMENT

(1.) This criminal appeal has been preferred against the Judgment 9.1.1990 passed by the Sessions Judge, Jalore in Sessions Case No. 38/1987 whereby he has acquitted the accused of all the charges levelled against them.

(2.) As per the prosecution story, the accused-respondents were caught red-handed by the SHO concerned while travelling in a bus. At that time, the accused-respondents were found in possession of opium. They were actually arrested by the SHO concerned and a case against the accused respondents was registered for the offences punishable under Sec. 17 and 18 of the NDPS Act and challan was filed before the learned Munsif & Judl. Magistrate, Jalore who committed the case to the Court of the learned District & Sessions Judge, Jalore where the trial was conducted. The prosecution produced as many as six witnesses to prove its case.

(3.) The respondents were acquitted on the ground that the forwarding letter of the Superintendent of Police is dated 3.6.1987 whereas PW-6 Shrawan Kumar stated that he received the sample on 4.6.1987 and deposited the same on 5.6.1987. There was no explanation as to where the said contraband was kept on 3.6.1987; Secondly, the ground that Sec. 50 and 57 of the NDPS Act had not been complied with; thirdly, PW-6 Shrawan Kumar, had given the statement that the FSL was with respect to case No.71/1987 whereas the case in hand is 75/1987 and lastly on the ground that the forwarding letter by the Superintendent of Police was in the name of Govind Singh, Constable No.531 whereas PW-6 Shrawan Kumar has stated that he took the said sample for the FSL.