Ram (accused-respondent herein) was involved in the business of buying and selling of huge quantity of opium and ganja , in an unauthorized and illegal manner; whereupon he obtained a search warrant under Section 41 of the Act of 1985 against the accusedrespondent. After obtaining such warrant, the then Inspector, alongwith his team, departed for Hanumangarh town to conduct the necessary raid; they were also accompanied by Motbiran – Subhashchandra, Bhagaram. They all went to the shop (alleged to have been used to sell the contraband unauthorizedly) of the accused-respondent at Hanumangarh and made the search. 2.1 He further submits that during the course of the said search, the officials recovered packets containing the contraband identified as opium and ganja ; one plastic bag containing the contraband was also recovered from a corner of the shop. Upon being weighed, the contraband came out to 8.120 kilograms (opium) and 23 kilograms ( ganja ), and the same was seized, while completing the procedural formalities, as provided under the law. 2.2 He also submits that upon the matter being reported, the learned Additional Chief Judicial Magistrate, Hanumangarh, while taking cognizance against the accused-respondent, committed the matter to the learned District & Sessions Judge, whereupon the case was transferred to the learned trial court for the necessary adjudication; thereafter, the accused-respondent was charged under Sections 17 & 20 of the Act of 1985, and upon such charges being denied, the accused-respondent was made to stand the trial. Learned A.S.G however submits that after conclusion of the trial, the learned trial court acquitted the accused-respondent, as above.
