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2009 DIGILAW 878 (SC)

State of Rajasthan v. Babu Lal

2009-04-21

ARIJIT PASAYAT, ASOK KUMAR GANGULY

body2009
JUDGMENT Dr. Arijit Pasayat, J.— 1. Challenge in this appeal is to the judgment of acquittal passed by a learned Single Judge of the Rajasthan High Court, Jodhpur Bench. The respondent was convicted for offence punishable under Section 8/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter refeerred to as ‘the Act’). The respondent was found in possession of a huge quantity of Brown Sugar and the Trial Court held that all the requisite procedure was followed and, therefore, according to the Trial Court, the prosecution version was established. The High Court found that there was non-compliance with the requirement of Section 42(2) of the Act. 2. Various factual aspects have been highlighted by the High Court to come to this conclusion. ***********