STATE OF RAJASTHAN Vs. BHIYA RAM

JUDGEMENT

(1.) In this appeal challenge is to the order of the learned single Judge of the Rajasthan High Court at Jodhpur directing acquittal of the respondent who was tried for allegedly committing offence punishable under Sections 8/18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short the N.D.P.S. Act) The learned Special Judge, NDPS found him guilty and sentenced him to undergo imprisonment for 10 years and to pay a fine of Rs. 1 lac and on account of non payment of fine, additional rigorous imprisonment for one year was awarded.

(2.) The prosecution version as unfolded during the trial was that the SHO, P.S. Modara, District Jalore, Gopal Ramawat (PW-5) on 22.4.2001 was conducting routine checking of the vehicles on the road near village Ramseen. In the evening, allegedly, Bhiya Ram and Prahlad Ram came riding on a motor-cycle, which had no number plate and when the same was signaled to stop, they did not stop. They were chased by the police jeep and ultimately the motor cycle was stopped.

(3.) According to the prosecution, the motor cycle was searched and large quantity of opium was seized. Both were arrested. A case under Section 8/18 of the NDPS Act was registered. The samples which were taken on the spot were sent for chemical examination. As per the chemical examination report (Exh.P/27) the material sent for examination was found to be opium containing Morphine. Hence, both were challaned before the said court. Both pleaded not guilty.