BIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminatiail appeal by accused Biram through Superintendent, Central Jail, Kota is directed against the judgment dated 18.12.1999 passed by the Special Judge, Narcotic Drugs And Psychotropic Substances Act Cases, Jhalawar, thereby convicting the accused appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the "NDPS Act") and sentencing him to 10 years rigorous imprisonment with a fine of Rs. one lac, in default of payment of fine, to further undergo one year's rigorous imprisonment.

(2.) The prosecution case, in nut shell is that on 29.6.1998, PW 13 Sukhdeva Ram Chaudhary, SHO, Police Station, Aklera received an information on wireless to the effect that one person aged 40 years wearing white Dhoti and Kurta, with artificial leg in place of imputed right leg, having in his possession one white plastic bag containing opium had proceeded in a Roadways bus from Police Station Manohar to Kota. The SHO recorded this information in 'rojnamcha' and sent the information to the Superintendent of Police, Jhalawar through Constable Daya Shanker. Thereafter, the SHO along with police staff proceeded and got the bus stopped near Vilalge Turkadia. The accused was found sitting in the bus on Seat No. 27 and was having one plastic bag in his hand. The accused on being asked by the SHO, disclosed his name. The SHO then got down the accused from the bus and made him aware of his right to be searched in presence of a Magistrate or a Gazeted Officer, but he gave consent for being searched by the SHO himself. Thereafter the SHO took search of the accused in presence of witnesses and found two plastic bags inside the bag containing opium weighing 500 grams and 150 grams, respectively, out of which the police took two samples of 30 grams each from the packets. The samples and remaining opium were sealed and recovery memo was prepared. Thereafter, the police registered a case vide FIR No. 176/98, Ex.P.17 and deposited the recovered opium and samples in Malkhana. The samples were then sent to the Forensic Science Laboratory, Jaipur for chemical analysis. The FSL report Ex.P.27 gave positive test for the presence of chief constituents of coagulated juice of, opium poppy. On interrogation, the accused stated to have purchased the opium from one Onkar Lal, thereupon the police also initiated action against Onkar Lal under Section 8/29 of the Narcotic Drugs And Psychotropic Substances Act. against judgment dated 18.12.99 passed by Shri Kailash Singhal, RHJS, Special Judge, Narcotic Drugs And Psychotropic Substances Act Cases, Jhalawar in Sessions case No.24/98.

(3.) After completion of all legal formalities, the police submitted a charge sheet against accused Biram for offence under Section 8/18 and against accused Onkar, under Section 8/29 of the Narcotic Drugs And Psychotropic Substances Act.