BILLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24.3.1998 passed by the Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Jhunjhnu convicting the accused appellant for offence under Sec. 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the NDPS Act) and sentencing him to undergo 10 years rigorous imprisonment with a fine of Rs. 1 lac.

(2.) Brief facts, leading to this criminal appeal are that on 10.2.1995 at 8.45 PM, PW 6 Shri Hulasram. Station House Officer, Kotwali, Jhunjhunu received information that a person wearing Punjabi Kurta and speaking in Punjabi language is possessing poppy straw in a plastic bag and is trying to go out. He recorded the information in Rojnamcha Ex.P 10 at serial No. 290. He also informed the Deputy Superintendent of Police, Jhunjhunu vide letter Ex.P 9. Thereafter, the SHO Hulasram alongwith Madan Singh, Head Constable, Bali Singh, Head Constable, Satyavir Singh, Constable No. 599 and Satyavir Constable No. 558 left the Police Station and reached Khema Sati Chauraha at 9.00 PM in a Government Vehicle No. RJ 18-C 0611, where he found a person of the description as informed by the informant standing there, having bag (katta) of white colour. There upon, the SHO having informed two motbirs Sarvashri Suresh Kumar S/o Shri Hanuman Prashad and Mangal Chand S/o Shri Mooranmal of the information, proceeded towards the aforesaid person. On seeing the police, the person lifted the bag and started moving towards the darkness. The SHO with the help of police personnels made him to stop and on asking about his name, he disclosed his whereabouts in Punjabi style as Billu S/o Shri Suchha Singh, by caste Majmi, aged 30 years, R/o near Sangrur Railway Station, and it was disclosed to him that the SHO has received information about poppy straw in a bag in his possession and that his search has to be conducted. He was informed whether he wants to get the search conducted either in the presence of a Magistrate or by a Gazetted Officer and he agrees search can also be conducted by the SHO himself. The accused agreed to get the search conducted by the SHO himself. After recording the consent of the accused in memo Ex.P. 4, the SHO conducted search and on opening the bag of while colour which was in possession of the accused, it was found that the bag contained powder of poppy straw. On asking for licence, the accused said that he does not have licence. Having found the act of the accused punishable under the NDPS Act, 1985, the SHO seized the aforesaid poppy straw vide seizure memo Ex.P. 1 got it weighed, which was found weighing 24.800 KI. gms., out of which he took sample of 500 grams of contraband in a plastic bag of red colour and sealed the sample and remaining contraband separately and marked as A and B respectively and also arrested the accused vide arrest memo Ex.P 5. He also prepared memo of specimen seal impression Ex.P. 11 SHO deposited the seized contraband and its sample in Malkhana and registered a case vide FIR Ex.P. 12 and also made endorsement in Rojnamcha Ex.P. 13.

(3.) During investigation PW 7 Atar Singh prepared site plan Ex.P 2 and recorded the statement of witnesses under Sec. 161 Crimial P.C. The sample of contraband was sent for chemical examination to the Director, Forensic Science Laboratory, Jaipur vide letter dated 25.2.1995, Ex.P 4, the receipt of which is Ex.P 3 and FSL report is Ex.P 8.