State vs Shanker Lal And Anr
2022 Latest Caselaw 6123 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 166/1994

State
                                                                     ----Appellant
                                    Versus
Shanker Lal And Anr.
                                                                   ----Respondent


For Appellant(s)          :     Mr. Arun Kumar
For Respondent(s)         :     Mr. Rajeev Bishnoi



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

26/04/2022

     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.

     The present criminal appeal has been preferred by the

appellant claiming the following relief:-
    "It is, therefore, humbly prayed that this leave to
    appeal may kindly be granted, appeal be accepted and
    entertained, the impugned judgment of acquittal passed
    by the learned Trial court may kindly be set aside and
    the accused-respondents be convicted and sentenced
    for the offences charged with according to law."

     Learned     Public   Prosecutor         submits        that   the   impugned

judgment is suffering from legal infirmity because it was a case

where in a surprise check of Bus bearing No. R.J.E.-2069 on

29.11.1980, the Inspector of Narcotics recovered an opium

weighing 7 KG & 350 Gm.


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                                          Learned   Public    Prosecutor         further      submits     that   PW-1

                                   Rajkishore, PW-2 Chaturbhuj, PW-3 Bashir Mohd. and PW-4

                                   Subhodh Kumar have proved the prosecution's case beyond doubt

                                   and thus, the conclusion drawn by learned trial court is contrary to

                                   law.

                                          Learned counsel for the respondent submits that learned trial

                                   court has rightly arrived at a conclusion that the offence could not

                                   be proved beyond reasonable doubt, because Ex.P-9 & P-6, which

                                   are the reports of the Forensic Science Laboratory, Jodhpur and

                                   Neemach Chemical factory, showing the quantity of morphine to

                                   be 4.66% in one sample and 7.81% in another sample. Learned

                                   counsel further submits that such variation in the reports

                                   demolished the case of the prosecution.

                                          After hearing learned counsel for the parties and perusing

                                   the record of the case, finds that the learned trial court has rightly

                                   given the benefit of doubt to the present respondents, because

                                   two FSL reports i.e. Ex.P-9 & P-6, which were required and sent,

                                   have varied outcomes and once the scientific report itself is not

                                   consistence, the benefit of doubt was rightly given to the present

                                   respondents. Looking into the age of the accused-respondents as

                                   well as the fact that incident is about 42 years old, this Court does

                                   not require any interference in the impugned judgment.

                                          Consequently, the present appeal is dismissed. All pending

                                   applications also stand dismissed accordingly.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

41-Sudheer/-

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