SURESH BAWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 2-8-2003 in Sessions Case No. 40/2001 passed by the learned Special Judge, N. D. P. S. Act Cases, Pratapgarh, (for short, "the trial Court" hereinafter), whereby the Appellant was convicted for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act' hereinafter) and was sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1 lac in default thereof to further undergo rigorous imprisonment for two years.

(2.) Briefly stated facts of the case are that on 17-4-2001 at about 7 a.m. the accused Appellant who was in custody in case No. 26/2000 of P. S. Dhamotar under Section 457, 380 IPC, voluntarily gave an information under Section 27 of the Indian Evidence Act to PW/1 Raghubeer Singh, SHO Police Station, Raghananja that he had hidden his share of opium, stolen by him and his friends from the Opium Weighing Centre, Dhamotar, a year ago, in a deep dug pit covered with an empty cemented water tanki near his father-in-law's well, which he was ready to get recovered. The information read as under:

(3.) PW/1 SHO Raghuveer Singh sent the information to his senior officer, i.e., Deputy Superintendent of Police, Pratapgarh through his driver PW/9 Ranjeet Singh and went along with accused Appellant to the bus stand, from where he took two Motbirs, namely Tikam Singh and PW/2 Salagram. The accused Appellant led PW1 and the Motbirs near the well of his father-in-law and after removing a cemented empty Tanki he dug a pit of about 2 1/2 feet in depth and. took out a plastic Katta containing opium covered in polythene bag and gave it to the SHO. The opium contained in the polythene bag in plastic Katta weighed 5 kilograms, out of which two samples were taken and the accused was arrested and brought along with the representative as well as the controlled samples and also the remaining Opium in sealed condition to the Police Station. The case property was handed over to Malkhana Incharge PW4 Bhanwar Singh, and sample along with specimen seal mark was sent through PW/9 Ranjeet Singh for FSL, who after obtaining forwarding letter from the Office of the Superintendent of Police, deposited the sealed sample with the specimen seal thereof with the Laboratory and obtained the receipt Ex. P/25. Further that the sealed sample remained intact till its delivery to the FSL. As per Ex. P/27, the FSL report, sample marked "A" contained 8.75% Morphin. After completion of investigation, the police filed the charge-sheet against the accused Appellant under Section 8/18 of NDPS Act before the Special Judge, N. D. P. S. Cases, Pratapgarh.