STATE OF RAJASTHAN Vs. SHANKER LAL

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 16. 11. 1991 passed by the learned Sessions Judge, Jalore in Session Case No. 25/87 by which he acquitted the accused respondent of the charges for the offence under Sec. 17 and 18 of the Narcotic Drugs and Psychotrophic Substances Act,1985 (hereinafter referred to as the `ndps Act' ).

(2.) THE facts giving rise to this appeal, in short, are as follows:- On 24. 2. 1987, PW 8 Jeevan Ram, SHO, Police Station Bhinmal lodged a report in the Rojnamcha of that Police Station stating inter-alia that he received a secret information from mukhbir to the effect that Shankerlal (present accused respondent) was illegally doing the business of heroin and he was having heroin and on receiving that information from mukhbir, he alongwith CO, Bhinmal, SI Madho Singh, Head Constable Megh Singh (PW 7) and other police officials and two motbirs PW 4 jaggaram and PW 5 Jodha proceeded towards the house of the accused respondent situated at Talbi Road, Bhinmal and when they reached the house of the accused respondent Shankerlal they found accused appellant Shankarlal there and another accused Ramesh Kumar was also found there and seeing the police, the accused Ramesh tried to run away, but he was apprehended by the police party and at that time, he was having one bag and on opening that bag, light yellow colour substance was found in it and on being asked, the accused Ramesh told that it was heroin. On being weighed, it weight was found to be 1kg. , out of which samples were taken for the purpose of chemical analysis and sealed separately on the spot. Similarly, after being interrogation from the accused respondent Shankerlal, he got recovered two of bags of heroin from his residential house beneath his bed for which he was not having any valid license to keep that heroin. On being weighed, 1kg. heroin was found in each bag and from each bag, two samples of 30 grms. each were taken and sealed separately on the sport and marked as A and B. THE fard of search and seizure was prepared on the spot by PW 8 Jeevan Ram and the same is Ex. P/2. Through Ex. P/3, the accused respondent was arrested. THE FIR, which was lodged by PW 8 Jeevan Ram, is Ex. P/6. PW 8 Jeevan Ram handed over the seized articles to PW 7 Megh Singh, Head Constable and he gave samples to PW 2 Vardaram for depositing them in FSL for chemical analysis and PW 2 Vardaram gave the samples to PW 1 Parbat Singh, who was working in the SP Office, Jalore and PW 1 Parbat Singh handed over the samples to PW 6 Dilip Singh, who deposited the same in FSL, Jaipur on 6. 3. 1987 and obtained receipt Ex. P/1. THE FSL report is Ex. P/7. After usual investigation, police submitted challan against the accused respondent Shankarlal and accused Ramesh for the offence under Sections 17,18,21 and 24 of the NDPS Act in the Court of Magistrate, from where the case was committed to the Court of Session. THE learned Sessions Judge, Jalore through his order dated 3. 06. 1987 discharged the accused Ramesh for the offence under Sec. 17,18,21 & 24 of the NDPS act, but framed charges for the offence under Sec. 17 & 18 of the NDPS Act against the accused respondent Shankar Lal. THE charges were read over and explained to the accused respondent. THE accused respondent denied the charges and claimed trial. During trial, the prosecution in support of its case examined as many as 8 witnesses and got exhibited some documents. THEreafter, statement of the accused respondent under Sec. 313 Cr. P. C. was recorded. In defence, two witnesses were produced by the accused respondent and some documents were also got exhibited by the accused respondent.

(3.) IT may be stated here that motbirs of the fard of search and seizure Ex. P/2 are PW 4 Jaggaram and PW5 Jodha and both of them have been declared hostile.