ABDUL RASHEED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal owes its origin in the judgment dated Sept. 14,1998 of the learned Special Judge, NDPS Cases, Jhalawar whereby the accused appellant (for short the accused) was convicted under Sec. 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act) to undergo 10 years rigorous imprisonment and a fine of Rs. 1,00,000.00and in default to further under to two years rigorous imprisonment.

(2.) The case of the prosecution is that on May 19, 1996 at 9.00 a.m. Station House Officer Bhawani Mandi Tej Raj Singh (PW 7) received secret information that one person standing near the Gali of Najakat Manjil was selling smack. The information was recorded and forwarded to the Superintendent of Police. The Station House Officer along with constables went to the spot where he found one person Abdul Rasheed, who agreed to be searched by the SHO. On being searched, 22 gms. of smack was found in the left pocket of his pant. Sample containing five grams of smack was drawn and sealed. It was sentto FSL Jaipur. Report of FSL confirmed that sample gave positive test for the presence of Diacetyle Morphine (Heroin). On completion of investigation, charge sheet came to be filed and charge under section 8/21 of the NDPS Act was read over to the accused who denied the charge and claimed to be tried.

(3.) As many as 7 prosecution witnesses were examined. Thereafter the statement under section 313 Cr.RC. of the accused was recorded. The accused produced one defence witness. The learned trial court after hearing the arguments convicted and sentenced the accused as indicated hereinabove.