BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal Appeal under Section 374 Cr. P.C. has been preferred by accused appellant Bhanwar Lal through Superintendent, Central Jail, Kota, challenging the judgment dated 29.9.99 passed by the Special Judge, NDPS Cases, Jhalawar, thereby convicting the accused appellant. for offence under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred to as "the Act") and sentencing him to undergo rigorous imprisonment for 10 years with a fine of Rs. one lac, in default thereof, to further undergo one year's rigorous imprisonment.

(2.) On 30.8.1998, the preventive party of the Central Narcotic Bureau, Jhalawar was on patrolling duty. At about 5.00 pm. Inspector Ejaj Ahmed (P.W.1), one of the members of the preventive party gave hand signal and got private bus No.RJ26/P-0085 stopped, which was coming from Aklera and proceeding towards Jhalara-patan and the Inspector having disclosed his identity and purpose to PW6 Laxmi Narain and PW7 Ramzan, Driver and conductor of the bus started checking. During course of checking, the Inspector asked and name of one passenger who was sitting at the back seat of the bus having a bag with him and made enquiry. The passenger disclosed his name as Bhanwar Lal and could not property answer the question put by the Inspector. The Inspector then got down Bhanwar Lal from the Bus and informed him about their suspicion that he was in possession of some drugs or narcotic substances. Thereafter Ejaj Ahmed, Inspector made the accused aware of his right to get his search conducted either in presence of a Gazetted Officer or a Magistrate or in presence of Shri M.C. Vijay, District opium officer, Jhalawar, who happened to be a Gazetted Officer and accordingly gave him a written notice, Ex. P. 1 as required under section 50 of the Act. The accused in turn, gave his consent in writing on the notice itself that he was prepared to have his search conducted in presence of the District Opium Officer and put his signature.

(3.) On being searched by PW1 Ejaj Ahmed, some black substance in 3 packets packed in 3 empty packets of 'shankh washing powder' lying in the bag of accused Bhanwar Lal, which on chemical analysis, with the help of instruments already available with the, patrolling party, was found to be opium. The weight of opium along with polythene was 1.700 Klgms. The Inspector took two samples of opium weighing 25 grams each, kept the same in polythene and then sealed the same in two envelops and put the marks A1 and A2 on both the packets. Remaining opium was sealed in the same polythene cover. The Inspector thereafter prepared a Panchnama of recovery of opium, Ex.P2 in the presence of two independent witnesses, namely PW6 Laxmi Narain and PW7 Ramzan. He also prepared a memo Ex.P4 of specimen seal and a site plan Ex.P.5. arrest memo of accused, Ex.P.6 was also prepared.