KARNAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, a truck driver was apprehended and arrested on 21st August, 1992 by a Preventive Party, on the Kota-Bundi Road in Rajasthan as he was shown to be carrying 96.600 kgs. of opium in his Truck No. PCT 9997. The opium was found concealed in three gunny bags containing 21 raxine bags. After compliance of the requisite legal formalities, a case under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called "the Act") was registered. The seized goods and samples were kept in double lock malkhana. On conducting tests, the articles seized were found to be opium. On trial, the appellant was found guilty of the offences with which he was charged under the Act. He was convicted and sentenced to rigorous imprisonment for 15 years and to pay a fine of Rs. 1.5 lakhs or in default of the fine to undergo rigorous imprisonment for one year. In appeal, the High Court upheld the conviction but reduced the sentence of imprisonment to 10 years and fine of Rs. 1 lakh, vide the order impugned in this appeal.

(3.) Mr. Jayant Bhushan, Advocate who appeared as amicus curaie has raised some legal questions which, according to him, had not been taken note of either by the Trial Court or by the High Court. He contended that as the procedure prescribed under the Act was not followed, the appellant was entitled to acquittal. It was further submitted that no presumption under Section 35 of the Act could be drawn against the appellant. Relying upon the judgment of this Court in Abdul Rashid Ibrahim Mansuri vs. State of Gujarat (2000) 2 SCC 513, he contended that the appellant had discharged the onus of proof regarding his plea of absence of culpable mental state which should have been accepted and the appellant acquitted.