AMARSINGH RAMJIBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by a special leave petition under Article 136 impugns the judgment of the Division Bench of the High Court of Gujarat upholding the conviction of the appellant under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(3.) H.K. Chauhan, Police Inspector, C.I.D., Crimes, Narcotics Cell, Ahmedabad received information that on 29-9-1999 a person named Amarsingh and another named Danabhai, having particular physical descriptions, were likely to come from village Dhima to Deesa town through Tharad Cross Roads carrying opium. Chauhan made the necessary entry in the register and gathered a posse of police officers with necessary equipment for interception of the possible carriers of drugs. The raiding party arrived near Tharad Cross Roads, parked their vehicle near Gokul Hotel and maintained a watch. After some time, a jeep coming from village Dhima was sighted. The jeep halted near Tharad Cross Roads. Two persons alighted from the said jeep and were found to have the physical descriptions matching those given by the informant. While the two persons were going towards Gokul Hotel, they were intercepted by the Police. On interrogation, their names were disclosed as (i) Amarsingh Ramji Barot (the appellant), and (ii) Danabhai Virabhai Rabari, the other accused who died during the pendency of his appeal before the High Court. The Police Officer-Incharge of the raiding party, Police Inspector Chauhan, gave an offer to the appellant and deceased Danabhai of being searched in the presence of a Gazetted Officer or a Magistrate. This offer was declined, upon which they were searched. The appellant was found to be carrying a plastic bag. When the plastic bag was opened, it contained a black coloured liquid substance. The black coloured liquid substance was prima facie found to have the smell of opium. The Police Officer weighed the said substance recovered from the appellant and the weight was found to be 920 grams. 4.250 kgs. of a grey coloured substance, suspected to be a drug, was recovered from deceased Danabhai. Out of the 920 grams opium recovered from the appellant, two samples of 10 grams each were drawn, placed in plastic jars, wrapped with paper bearing signatures of panch witnesses and sealed. Similar samples were drawn from the substance recovered from deceased Danabhai. The samples were forwarded to the Forensic Science Laboratory (FSL). The FSL opined that the substance which had been sent as sample A/1, (recovered from the present appellant) was opium as described in the NDPS Act containing 2.8% anhydride morphine, and also pieces of poppy flowers (posedoda). The sample recovered from deceased Danabhai was found to be opium as described in NDPS Act having 1.2% anhydride morphine, also containing pieces of poppy flower (posedoda).