[2026:RJ-JD:17479]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 373/1999 State of Rajasthan ----Appellant Versus Sudhir Kumar S/o Shri Krishanlal r/o Ward No.8, Jetsar, at present Purani abadi, Sri ganganagar ----Respondent For Appellant(s) : Mr. NS Chandawat, PP For Respondent(s) : Mr. KC Sharma HON'BLE MR. JUSTICE FARJAND ALI

Order

15/04/2026

1. The instant appeal is directed against the judgment of acquittal dated 18.05.1998 passed by Special Judge NDPS Cases, Sri Ganganagar in Criminal Case No.182/1997 whereby the accused respondent has been acquitted from the charges.

2. I have heard learned counsel for the parties and have gone through impugned judgment and record of the case.

3. The finding given by the learned trial court is mainly on Section 42(2) of the NDPS Act and its non-compliance. There is a categorical finding in Para-6 of the impugned judgment in this regard. The fact remains undisputed that the SHO received an information regarding the appellant having possession of the contraband. PW-1 Vipin Sharma received the information from one Shopat Ram regarding presence of contraband in possession of the appellant. He was suppose to adduce the in