GORDHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was the accused in Sessions Case No. 228/98 on the file of the Special Judge (NDPS Cases), Bundi. He was found guilty Under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act), convicted thereunder and sentenced to 10 years Rigorous imprisonment and fine of Rs. 1,00,000.00 (in default of payment of fine to further undergo two years R.l.)

(2.) Aggrieved by the conviction and sentence the action for filing the instant appeal has been resorted to.

(3.) On Feb. 27, 1994, a preventive party was organised under the leadership of Satyaveer Singh Inspector for interception of illicit drug traffickers. Bus No. RJ-14/P-1177 plying between Kota and Jaipur was stopped at the check point and subjected for legal search in the presence of driver and conductor. A passenger sitting at Seat No. 31 of the bus was found suspicious by appearance. On interrogation he disclosed his identity. When inquired about his luggage, he disclosed that he had one suitcase which he kept in the rear dickey of the bus. The suitcase was searched which resulted in recovery and seizure of one Kg. of opium. The opium was kept concealed in the specially made secret chamber at the false bottom of the suitcase. Legal formalities were completed and the accused was arrested. On the basis of information of accused Gordhan Singh, co-accused Gopal Singh was also arrested. Charge-sheet of the case was filed. Charge Under Sec. 8/18 of the Act was read over to the accused. The accused denied the charge and claimed trial. Prosecution examined as many as seven witnesses. Statement of the accused Under Sec. 313 Cr.RC. was recorded. No defence witness was produced by the accused. Learned trial court after hearing the final arguments convicted and sentenced the accused as indicated hereinabove. Charge against co-accused Gopal Singh was not proved and he stood acquitted.