LAKHIRAM NARANDAS BAWASADHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This appeal is filed under Section 374(2) of the Code of Criminal Procedure against the judgement and order dated 3 1/05/1997 rendered by the learned Additional Sessions Judge, Banaskantha, at Palanpur, in Sessions Case No. 142 of 1996, by which the appellant is convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act' for short) and punished with imprisonment for 10 years and a fine of Rs. 1 lac (Rupees One lac Only), in default to undergo imprisonment for two years more.

(2.) . On 1/05/1996, in the early morning at about 3.30 a.m. to 4.00 a.m., the then District Superintendent of Police called the Police Inspector (LCB), Shri Vyas, and Police Sub Inspector (LCB), Shri R.P. Patel, at his residence and informed them that in a temple of Lord Shiva at Village Sherpura-Dhani, one Lakhiram Narandas Sadhu is keeping opium. On receipt of the information from the District Superintendent of Police, the Police Inspector and Police Sub Inspector came to the LCB office and then called the staff members of the LCB, two panchas and a person to weigh the substance. Then they went to Village Sherpura-Dhani by about 5.30 to 6.00 a.m. in the morning. The temple premises were searched and at that time, the accused in this case, Sadhu Lakhiram Narandas, was sitting on a cot. On search of the mattresses, from the pillow side, a plastic bag was found in which opium in a semi liquid form weighing 5 kilo and 20 gms. was found. A detailed panchnama was drawn. Opium for sample was taken and the same was sealed. The balance quantity of opium was also sealed. Thereafter, the Police Sub Inspector, Shri Patel, prepared a complaint and after completing the raid, the accused was taken to Agthala Police Station. On the basis of the complaint of Shri Patel - Police Sub Inspector, an offence bearing Crime Register No. 51 of 1996 was registered in Agthala Police Station. On completion of the investigation, the accused-appellant was chargesheeted for the offence punishable under Section 18 of the NDPS Act in the Court of the Additional Sessions Judge, Banaskantha, at Palanpur.

(3.) . The learned Judge had framed charge at Exh.4 against the appellant for the offence punishable under Section 18 read with Section 29 of the NDPS Act. The charge was read over and was explained to the appellant, who pleaded `not guilty' to the same and claimed to be tried.