TMI Blog2022 (8) TMI 304X X X X Extracts X X X X X X X X Extracts X X X X ..... ny document on record pertaining to the operation of raid, as alleged to have been conducted. The record clearly reveals that the investigation in the present case has been conducted in an inappropriate manner, nor while doing so, the concerned officer, has made strict adherence to the provisions of law - this Court finds that the learned trial court has not committed any error neither in law nor on facts in holding that the prosecution has clearly failed to prove its case against the accused-respondent, beyond all reasonable doubts. This Court does not find it a fit case, so as to warrant any interference in a well reasoned speaking judgment impugned herein - Appeal dismissed. - S.B. Criminal Appeal No. 79/1990 - - - Dated:- 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own to conduct the necessary raid; they were also accompanied by Motbiran Subhashchandra, Bhagaram. They all went to the shop (alleged to have been used to sell the contraband unauthorizedly) of the accused-respondent at Hanumangarh and made the search. 2.1 He further submits that during the course of the said search, the officials recovered packets containing the contraband identified as opium and ganja; one plastic bag containing the contraband was also recovered from a corner of the shop. Upon being weighed, the contraband came out to 8.120 kilograms (opium) and 23 kilograms (ganja), and the same was seized, while completing the procedural formalities, as provided under the law. 2.2 He also submits that upon the matter being repo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the fact that the same was prepared, while adhering to the provisions of law, coupled with completion of due formalities, as required. 2.6 Learned A.S.G. further submits that the learned trial court has not taken into due consideration the aforesaid factual matrix, more particularly, the fact that apart from completion of the due procedural formalities, the huge quantity of the contraband in question was recovered and seized in presence of the accused-respondent, at the relevant time, from his shop. 2.7 Learned A.S.G. also submits that as revealed from the testimonies of the prosecution witnesses and other evidences placed on record before the learned trial court, the prosecution has clearly established before the learned trial cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial court after threadbare examination of the evidence both oral as well as documentary rightly noticed that PW-5 M.R. Loyal, the then Inspector, had clearly made incorrect averments in the complaint, regarding recovery of the contraband in question from the possession of the respondent; while noticing such incorrect averments, the learned trial court had even gone to the extent of holding, as to why for his irresponsbile conduct, the then Inspector may not be subjected to legal action under Section 193 Cr.P.C., and rightly so. 3.3 As per learned trial court, in the aforesaid backdrop, the learned trial court has rightly passed the impugned judgment of acquittal in favour of the respondent, while taking into due consideration the ov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord, nor there was any document on record pertaining to the operation of raid, as alleged to have been conducted. 5.4 Mr. M.R. Loyal, the then Inspector, also failed to explain before the learned trial court, as to why the immediate arrest of the accused-respondent was not made, even when the alleged recovery of contraband was made in presence of the accused; though he deposed before the learned trial court that such arrest could not have been made on count of instructions from the higher authorities, but the said officer has denied to disclose the necessary particulars/credentials in this regard. Such an irresponsible conduct on the part of the said officer casts a serious doubt upon the case of the prosecution, more particularly, as to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vations made by the learned trial court make it clear that the learned trial court has thoroughly examined the evidence both oral and documentary as placed on record before it. 7. The illegalities and irregularities, as noted by the learned trial court, are clearly detrimental to the case of the prosecution, and goes in favour of the accused-respondent, as observed by the learned trial court. 8. The record clearly reveals that the investigation in the present case has been conducted in an inappropriate manner, nor while doing so, the concerned officer, has made strict adherence to the provisions of law. 9. Thus, this Court finds that the learned trial court has not committed any error neither in law nor on facts in holding ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
