GOVIND PUNJA RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under section 374(2) of the Code of Criminal Procedure, 1973. It is filed against the judgement and order dated 26.2.1999 rendered by the learned Additional Sessions Judge, Sabarkantha at Modasa in Sessions Case No.8 of 1994 by which the appellant is convicted under sec.15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ("NDPS Act" for short) and is punished with rigorous imprisonment for 10 years and fine of Rs.1 lakh, in default to undergo rigorous imprisonment for one year.

(2.) On 24.8.1994, when Police Sub Inspector, Bayad was returning from village Bormadh to Bayad after investigation of an offence registered at C.R. No.80 of 1994 of Bayad Police Station, he received an information from an informant that a person who is tall and wearing Khaki Kameez is coming from Rajasthan in an ST Bus with 'Posh-na-Doda' (Poppy straw). The Police officer on receipt of this information, proceeded to the Bus Stand. He sent Head Constable, Raghuvirsinh to call Executive Magistrate. On arrival of the Executive Magistrate, two persons were called and they were apprised of the information. On their showing willingness to be the Panch witnesses, they all stood at the gate of the Bus Stand, near Octroi Naka. A person answering the description was noticed, who was coming from the Bus Stand side. He had a hand bag on his shoulder. He was stopped and his name was inquired. He replied that his name was Govind Puja Rabari, a resident of Village Nandod, Rajasthan. On inquiry about the contents of the hand bag, he hesitated in giving reply. Therefore, in presence of the Panchas the bag was opened. It was found that it contained, 'poppy straw' in a plastic bag. Before undertaking this exercise the Police party and the Executive Magistrate gave their introduction and search to the accused. To an inquiry as to whether the accused had any pass or permit to possess the 'poppy straw', he replied in negative. Police Constable Kantibhai Kalabhai was sent to call a person, with weighing scale and measurement. He called one Kiritkumar Shanabhai with weighing scale and measurement. On weighing the 'poppy straw', it was found to be 1.5 KG.

(3.) From the contraband, poppy straw 100 grams poppy straw was taken out. It was kept in a paper bag, then same was kept in a cloth bag. A slip containing signatures of the Panchas, the executive magistrate and the Police officer was tied on that cloth bag and wax seal containing inscription of "PSI, Bayad Police Station" was affixed. Remaining poppy straw was allowed to remain in the same plastic bag. The bag was closed by tying. Thereafter a slip containing signatures of Panchas, the executive magistrate and the Police officer was tied on that plastic bag. The papers along with the Muddamal, the accused were taken to Bayad Police Station where they were kept in custody. The Muddamal sample in a sealed condition was sent to Forensic Science Laboratory with a Police Constable. The Police officer sent intimation by a wireless message to the DSP and also to the Divisional Police Officer. The report of the analysis indicated that the substance analysed was 'poppy straw' as defied in NDPS Act. Charge sheet was filed by PSI Mr.Raghav for an offence punishable under sec.15 of the NDPS Act in the court of learned Sessions Judge, Sabarkantha at Modasa.