BALDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C has been preferred by the appellant against judgment dated 15.6.2011, pronounced by the Special Judge, NDPS Act, in Special Case No.18/05, whereby the appellant has been convicted under Section 8/18 of the NDPS Act, 1985, sentencing him to 10 years RI with fine of Rs.1,00,000/- and to suffer default imprisonment of two years on non-payment of fine.

(2.) The prosecution case in short is that on 29.12.2004 at about 1.30 PM, the preventive force of Deputy Narcotic Commissioner Office at Neemuch, had deputed itself at Nayagaon, toll tax barrier. The team members intercepted a white car bearing registration No.D.L. 8 CB 8315. The occupants of the car were interrogated, driver gave his name as Rajendra whereas, the occupant near the driver seat told his name as Baldev Singh. Apprehending that the car was being used for carrying narcotic substance, a notice under Section 50 was given to the occupants apprising them of their right to be searched before nearest Magistrate or gazetted officer. Separate notices were given to them. The occupants showed their willingness to be searched by Inspector Nanakram. Baldev Singh recorded his consent in Punjabi language. Thereafter, Nanakram gave his own search to the occupants of the car and thereafter, he initiated to conduct the search of the car. It was found that beneathe the seat of Baldev Singh was kept a sack, which was brought out and it was found to contain three polythene bags, each bag containing black wet and damp substance, which was subjected to physical test and the same was found to be opium, which is contraband narcotic substance. All the three polythene bags were weighed separately. One bag weighed 1 Kg 150 grms, second bag containing 1 Kg 200 grms and third bag containing 1 Kg 350 grms. Thus, 3 Kg 750 grms of opium was found inside. Thus all the three bags weighing

(3.) Kg 750 grms. From each bag 2 samples of 25 grms each was drawn for analysis. These samples were sealed in polythene bags and chit was pasted on them. Rest of the investigation was carried out. Cielo car used for transporting opium was seized, spot map was prepared. The statement of Baldev Singh, under Section 67 of the NDPS Act was recorded and he was arrested. The seized substances along with the samples were deposited in Malkhana. The samples were sent to the FSL, Neemuch from where the analysis report was obtained which had affirmed the substance to be opium. Thereafter, charge sheet was filed. 3. Charge under Section 8, read with Section 18 B of the NDPS was framed against Baldev Singh by the Special Court, NDPS Act, Neemuch. The accused abjured his guilt and pleaded for trial.