KOJARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant is convicted and sentenced to ten years' rigorous imprisonment and fine of Rs.1,00,000/-for the offence punishable under Section 18 of the Narcotics Drugs and Psychotropics Substances Act (hereinafter referred to as the 'NDPS Act'), hence is this appeal.

(2.) Prosecution version leading to appellant's prosecution is that at 12.15 in night intervening between August 20th and 21st, head constable PW 6 posted at police outpost, Ogala, police station, Serwa, received a information that Koja s/o. Sona Vishnoi, resident of Dabal, district Jalore, trading in opium procuring and bringing sells at village Oghala, Sagarwal, Chittarda, Fagalia of district Nagaur and every is possibilities of Koja bringing opium that day from Sanchore and going towards above villages. PW 6, making entry No.151 Ex.P8 of this information in rojnamcha, also noted that the buses are not plying and no means for transmitting police station 30 kms away, nearby not is telephone, whereas information is worth belief so he proceeded with constables Lal Sing and Shaitan Singh towards village Sagar Bagh for nakebandi and preventing smuggling PW 6 along with constables PW 1 and PW 8, arrived at the said place and effected nakebandi, at about 5.00 a.m., they observed a person coming on camel from Sanchore who given signal to stop and also called, but rider turned camel back towards Sanchore and that person riding on camel was Koja Ram who being brother-in-law (sister's husband) of sarpanch Tejaram and often coming, well-known to them. Camel rider Koja Ram, turning camel back, did throw a black bag from his hands which taken possession of by PW 6 and the bag beared a slip typed over name Koja Ram Bishnoi (Goyal) r/o. Dabal and, in bag, in a packet wrapped by polythene, was opium the person was chased following impressions of camel (khoj) which could not be traced because of tar road so personnel returned. PW 6, submitting a report Ex.P5 of the incident to SHO PW 7, also produced the above bag, having 1 kg opium. SHO PW 6, on report Ex.P5, registering FIR No.57/86 Ex.P5 for the offence under Act and in presence of motbirs, PW 2 and one Vemaram, opening bag, weighed opium, which found was 1 kg, out of which a sample of 30 gm and remaining separately sealed, making memo Ex.P1. Packets handed over to head constable malkhana incharge PW 5 who, making entires Ex.P3 in register, deposited in malkhana. Head constable PW 6, in course of investigation, inspecting place of occurrence on 22.8.86, prepared memo and sketch of place Exs. P6 and P7. Sample packet forwarded and deposited at FSL and charge-sheet submitted. Appellant surrendered himself before the Court.

(3.) Appellant charged that-in his possession, without license, at about 5.00 a.m., on 21.8.86, in village Chhagarbal, was 1 kg opium claimed trial.