HARI RAM Vs. CENTRAL NARCOTICS BUREAU

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant against the judgment and order dated 7-8-1997 passed by the learned special Judge. NDPS Cases, Bhilwara in Sessions Case No. (32/93)/(28/ 94)/92/97. by which he acquitted other co-accused Subhash of the charge for the offence under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as the NDPS Act.), but convicted the present accused appellant for the said offence and sentenced him to undergo ten years' rigorous imprisonment and to pay fine of Rs.one lac, in default of payment of fine, to further undergo SI for one year.

(2.) It arises in the following circumstances:- On 17-1-1991, PW 3 Sukhpal Singh, Inspector, Narcotics Department, Bhilwara gave a written report to PW 4 Ravindra Nath., who was District Opium Officer, Bhilwara stating inter alia that on 16.1 1991 he along with Raiding party consisting of PW 1 Bodusingh, PW 2 Mohd. Rehan and PW 7 Mohanchand proceeded in a Government Jeep No. RJH 4183 for the purpose of checking the vehicles in order to prevent smuggling of contraband articles and reached at Chungi Naka No. 2 on Bhilwara-Chittorgarh road and at about 11.30 AM. Madhya Pradesh Roadways Bus bearing No. CIF 212. Which was coming from Neemuch to Bhilwara, was stopped and thereafter, PW 3 Sukhpal Singh and his party entered the Bus and two persons, who were sitting on seats No. 17'and 18, were found in suspicious condition and on being asked, one told his name as Hariram Jar (Present accused appellant) and another Subhash Jar (acquitted accused) and both were asked by PW 3 Sukhpal under the provisions of Sec. 50 of the NDPS Act whether they wanted to be searched before the Magistrate or Gazetted Officer and upon this, they gave their consent that they may be searched by PW 3 Sukhpal and, thereafter, they were searched by PW 3 Sukhpal Singh and on search, a cloth bag was recovered from the present accused appellant, which was lying on his lap and on opening it, a polythene bag containing contraband opium was recovered and tickets were also recovered from them and they told at that time that it was the joint property of both of them. It was weighed on the spot and its weight was found to be 2 kg. 500 grins., out of which, two samples of 24 gms each were taken and they were sealed on the spot and the remaining contraband opium was also sealed separately on the spot. The accused appellant was arrested through Ex. P/2 and the other co-accused Subhash was arrested through Ex. P/3. The fard of search and seizure Ex. P/1 was prepared on the spot by PW 3 Sukhpal Singh. The lard of specimen seal is Ex. P/6. The copy of Malkhana Register is Ex. P/12. Thereafter, vide letter Ex. P/8, the Sample was sent to the Government Opium and Alkaloid works, Neemuch for chemical analysis through PW 7 Mohanchand and the report of the Assistant Chemical Examiner. Government Opium and Alkaloid Works, Neemuch is Ex. P/10, where it has been stated as under:

(3.) In this appeal, the following submissions have been made by the learned counsel for the accused appellant: