BHIKAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and order dated 9. 4. 1999 passed by the Special Judge, NDPS Cases, Jhalawar, by which he has convicted the accused appellants under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short "the Act") and sentenced each of them to undergo rigorous imprisonment for 10 years with a fine of Rs. 10,0000/- each, in default thereof, to further undergo 1 year's rigorous imprisonment.

(2.) THE prosecution casein nut shell is, that on 24. 4. 97 Shri Chawand Singh, SHO, Police Station Manohar Thana, Jhalawar received telephonic information, Ex. P. 23 to the effect that two persons would be carrying opium below the seat of a motor cycle bearing No. MP 08/ A 1011. He reduced the information to writing in Rojnamcha at serial No. 767, Ex. P. 25. THEreafter, Shri Chawand Singh alongwith police party rushed to Semali Hat Jod, Aam Road, Manohar-,thana, Beenaganj. At 8. 00 PM, a motor cycle came from the side of Manohar Thana, which he made to stop by hand signal and on checking the number, it was found to be Rajdoot motor cycle bearing No. MP 08/ A-1011. THE driver disclosed his name as Majid Khan and the person sitting at the back seat of the motor cycle disclosed his name as Bhikam Singh. THEreafter, the SHO informed the accused in writing through notice, Ex. P. 13 and Ex. P. 14 to have their search and the search of their vehicle conducted under the provisions of the Act. THE accused gave their consent in writing to have their search conducted by the SHO him- self. On personal search of the accused, nothing objectionable could be found from them, however, on search of their vehicle, a 'potali' tied in a cloth was found from the tool-box of the motor cycle. On opening the `potali', opium was found in a polythene bag. On asking for licence, the accused showed their inability to have any licence. He then prepared search and seizure memo Ex. P. 2. On weighing, it was found to be 900 grams along with packing. THE SHO then took samples of opium each weighing 50 grams and sealed the samples. He also sealed the remaining opium. He arrested the accused persons vide arrest memos Ex. P. 19 & P. 20, prepared site plan Ex. P. 1.

(3.) I have heard Mr. Biri Singh, learned counsel for the accused appellants and Mr. Madhav Mitra, learned Public Prosecutor and carefully perused the judgment under appeal and examined the record of the case.