Gauri Shanker Purohit And Anr vs Ganga Ram Meghwal
2022 Latest Caselaw 5287 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 419/1994

Gauri Shanker Purohit And Anr.
                                                                  ----Appellant
                                   Versus
Ganga Ram Meghwal
                                                                ----Respondent


For Appellant(s)          :    Mr. M.R. Pareek
For Respondent(s)         :    Mr. C.S. Rajpurohit



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

08/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     Learned counsel for the appellants submits that the large

quantity of contraband i.e. 30 kg. of Charas was involved, and

thus, it is a fit case for conviction, whereas the learned trial court

has erred in acquitting the accused-respondent.

     Learned counsel for the respondent however, submits that

the judgment passed by the learned trial court is justified as the

prosecution could not discharge the burden of proof. Learned

counsel further submits that the connection between the accused-

respondent   and    the    contraband         in    question    could   not   be

established beyond reasonable doubt because they could not find

out as to who the contraband in question was sold. Learned

counsel also submits that the prosecution miserably failed to find


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                                   out the trace of contraband in question, which was never

                                   recovered.

                                        This Court, after hearing learned counsel for the parties as

                                   well as perusing the record of the case, finds that the burden of

                                   proof could not be properly discharged by the prosecution as the

                                   contraband in question was neither traced and nor recovered or its

                                   final destination was not established by the prosecution. The

                                   learned trial court has committed no error in law or facts to acquit

                                   the accused-respondent.

                                        In view of the above, the present criminal appeal is

                                   dismissed. All pending applications stand disposed of. The record

                                   of the learned trial court be sent back forthwith.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

18-Zeeshan

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