This appeal by way of special leave has been filed by the Central Narcotics Bureau impugning the judgment of the High Court of Judicature for Rajasthan, whereby the respondent Bahadur Singh, has been acquitted of an offence punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called the Act.
630 of 2004 CORRECTED COPY REPORTABLE struck a deal to sell about 20 kgs of opium to a truck driver and as the exchange was likely to take place sometime during the night of 5th/6th of December, 1997, at about 200 or 300a.m.,
the accused companyld be apprehended if a raid was companyducted.
A box lying in the dhaba which was locked was opened with the key and 17.450kgs.
An FIR was thereupon lodged and after investigation, a case was filed in Court.
of opium was seized therefrom.
The evidence of P.W. 9 and P.W.630 of 2004 CORRECTED COPY REPORTABLE through their statements carefully and has given a categoric finding that they differed with each other in material particulars.
The raiding party companysisting of W. 6 Inspector, Rajendra Kumar and P.W.10 Narayan Singh amongst others proceeded from Neemuch to the Dhaba and as they reached that place Bhanwar Singh, the alleged owner of the Dhaba, and Shyam Singh ran away though the respondent Bahadur Singh was apprehended.
As per the prosecution story, at 600p.m.
on the 5th of December, 1997, information was received by P.K. Sharma, Inspector of the Central Bureau of Narcotics which was recorded by him in Exhibit P7 that Bahadur Singh and Shyam Singh who were servants in the Dhaba belonging to one Bhanwar Singh situated on the Chittorgarh Mangalwad Highway near village Nardhari, had CRIMINAL APPEAL No.
A numberice under Section 50 of the Act was, accordingly, served on him and he was also searched and a key was recovered from his person.
