[2026:RJ-JD:18307]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 34/1998 State of Rajasthan ----Appellant Versus Mangilal S/o Varda , R/o Kotadi P.S. Railmagara Dist. Rajasmand.

----Respondent For Appellant(s) : Mr. SR Choudhary, PP For Respondent(s) :

Ms. Manisha Phophaliya (amicus curiae)

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/04/2026

1. By way of filing the instant appeal under Section 378 Cr.P.C., the appellant-State has assailed the judgment dated 20.08.1996 passed by the learned Special Judge, N.D.P.S. Act Cases, Bhilwara in Sessions Case No. 50/94, whereby the accused-respondent has been acquitted of the charge under Section 8/18 of the N.D.P.S. Act, 1985.

2. The prosecution story in nutshell would be that on

26.07.1993, SHO Subhash Nagar with his team was on patrolling and upon seeing a person in suspicious circumstance, he was confined. He was helding an attachi in his hand. Upon being searched, 1 Kg opium was found there in. After that, the accused was apprehended and contraband came to be seized, a parchakayami report was prepared and FIR came to be chalked and after usual investigation a chart- sheet came to be submitted against accused responden