BANSHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant Banshi Lal was convicted for offence under S. 8/18 of the N.D.P.S. Act (hereinafter called 'the Act') and sentenced to ten years' rigorous imprisonment with a fine of Rs. one lac and in default to undergo two years' rigorous imprisonment by learned Special Judge, NDPS Act Cases, Nimbahera vide judgment dated 30-10-1996.

(2.) Briefly stated, the case of the prosecution is that Dy. S. P. Nimbahera, Jainarain received a secret information on 22-11-1995 that the accused appellant was keeping opium in his house and has invited some smugglers from Marwar so that the contraband be sold to them. The information was recorded and a copy was sent to the higher officers. Jainarain thereafter raided the house of the appellant. A notice under S. 50 of the Act was given to the appellant and thereafter house was searched wherefrom 1.300 kg. of opium was recovered. Two samples of 30 grams each were taken and sealed. The rest of opium was sealed separately. One of the samples was then sent to the Chemical Examiner through S.P. concerned and was examined. It was found to be opium having 5.03% morphine. After investigation challan was submitted. Learned Special Judge, NDPS Act Cases, Nimbahera tried the accused appellant and convicted and sentenced as stated above.

(3.) I have heard the learned counsel for the appellant as well as learned Public Prosecutor and perused the record.