LADOO RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 22/12/1998, passed by learned Special Judge, Special Cases, Narcotic Drugs and Psychotropic Substances Act Cases, Bhilwara in Sessions Case No. (216/96) 228/97 convicting the accused-appellant for offence under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter 'the Act') and sentencing him to imprisonment for 10 years and to pay a fine of rupees one lac, in default of payment whereof to further undergo eight months' rigorous imprisonment. #

(2.) The concise facts relevant for the disposal of this lis are that at about 8.30 p.m. on 27-6-1996 in the city of Bhilwara at Chungi-naka No. 2, Rajesh Kumar Meena, Sub-Inspector; PW-3-P. K. Sinha, Superintendent along with other supporting staff of the Narcotics Control Bureau (hereinafter 'the Bureau') were members of the checking party, as they had an information that some contraband is being transported on that route. At the above time, one bus No. DL 1p 4654 of Rishabh Travels came from side of Chittorgarh, which was checked by the aforesaid persons and the accused appellant was found sitting on seat No. 11. He was suspected to be having some narcotics, therefore, his personal search was necessary. Hence, he was given notice Ex. P6 under Sec. 50 of the Act - as to whether he wanted to be searched before any Gazetted Officer of the department mentioned under Sec. 42 of the Act or by the nearest Magistrate. Ex. P6 was given in the presence of two attesting witnesses- PW1 Jagat Singh and PW2 Jamna Lal. Accused chose to be searched by the officers of the department and therefore, he was searched by PW5 Rajesh Kumar Meena in the presence of both above attesting witnesses. #

(3.) In the personal search, a polyethene bag in his underwear was found containing 1.200 Kg opium. Similarly, he was holding a plastic water bottle. Upon its search, there were found two plastic bags, containing 1.50 Kg. and 1.650 Kg. opium respectively. Accused was not having licence to carry the contraband and therefore, all the three consignments were seized and mixed together and out of whole lot, weighing 3.900 Kg., only two samples, of 25 gms. each, were taken and sealed. The remaining contraband was also seized and sealed forthwith in the presence of both the attesting witnesses. Necessary seizure memos were prepared at the site and accused was put under arrest. #