PRABHULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment of the trial court by (1) Prabhulal, (2) Nandji Alias Nandlal, (3) Dhannalal, (4) Bhojraj, (5) Sheoji (6) Smt. Sugna and (7) Smt. Kalyani, each of whom has been convicted under Section 8/18 and 8/21 of the Narcotic Drugs & Psycotropic Substances Act, 1985 (for short `the NDPS Act') and sentenced to undergo ten years' RI with a fine of Rs. one lac (in default, further RI for one year ).

(2.) IT is the prosecution case that on an information received on 18. 11. 1997 as to the appellants being indulged in manufacturing smack from opium, a raiding party headed by Ashwin Kumar, SHO Police Station Chhipa Board (District Baran), consisting of other police personnel including Anar Singh (ASI), Chandra Prakash (ASI), Lal Chand (ASI), Ghasilal (HC) and constables Rameshchand (HC), Phool Chand (FC), Totaram (FC), Bhagwan Singh (FC), Brij Behari (FC), Anil Kumar (FC), had carried out a search at the house and place of Prabhulal (A1) after giving out as to their having been indulged in manufacturing smack from opium as per information of an informer, and before search when Prabhulal (A1) was called out of his house and he gave out that it was his house being owned and possessed as his residential house wherein five men and two women were alleged to have been residing. During search, in the house it was found that besides house owner Prabhu (A1), five other men and two women were busy in making smack from opium and during this process, stove was burning, over which cauldron was lying full of opium liquid which was being warmed and similarly there was a plastic tub full of brownish liquid, besides there being opium liquid duly filled up in two of tubs and one plastic canister. IT was also found that there were one big plastic phial and eight small plastic phials having labelled of `doctor brand spirit' being kept near plastic tubs and that apart there was also one aluminium small cauldron (Bhagona) full of lime liquid and also 21 empty cloth sachets full of opium smells.

(3.) SHRI Sahni also vociferously argued that the grave dent has taken place in the prosecution case for the reason that entire seized articles were not produced before the trial Court therefore, an adverse inference ought to have been drawn but the trial Court eschewed as irrelevant for by observing that "it is correct that during entire trial opium, smack and other evidence which were seized at the spot were not produced but looking to the heavy recovery, only for this reason the accused cannot be acquitted. "