PARASMAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - These are the two Criminal Appeals arising out of the judgment of the learned Addl.Sessions Judge, Banner dated 29.05.1989, whereby he convicted both the accused appellants viz; Parasmal and Jabal under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred-to as the Act and sentenced each of them to undergo fifteen years' RI and to pay a fine of Rs. two lacs and in default, to further undergo two and half years' RI.

(2.) Facts leading to these appeals are that on 19.08.1987, the SHO, Police Station Sadar, Barmer, during investigation of FIR No.29/87 came to know that accused Jabal was carrying heroin. Upon this, he after informing the Superintendent of Police, Barmer, constituted a trap party and left for the search. Accused Jabal was found carrying ten bags on the sand-dunes situated between Danta and Derasar. The police party reached on the spot on the information of 'mukhbir'. One bag was opened, wherein brown powder was found, which was tasted to be of heroin. Each of the bags was found containing one kilogram of heroin. Thirty grams of which was kept in polythene bag, sealed and marked as Ex.A1 for sending it for chemical examination. Accused Jabal was arrested on the same day vide Ex.R7 at 3.00 P.M. The sample was sent for chemical examination and as per the report of the FSL, Ex.R11, the sample marked 'A' gave positive test for the presence of Dieacetyl Morphine. During investigation, another accused appellant Paras Mal was also arrested on 25.08.1987 vide Ex.P1. After investigation, both the accused appellants were chargesheeted under section 21 of the Act. Learned trial Judge framed charge against the accused appellants to which both pleaded not guilty. The prosecution examined 7 witnesses. The statements of the accused were recorded under section 313 Crimial P.C. and they produced three witnesses in their defence. After hearing, the learned trial Judge convicted and sentenced the accused appellants as above.

(3.) I have heard learned counsel for the parties and also perused the record of the case.