ALPESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.5.1997 passed by learned Special Judge, Narcotic Drugs & Psychotropic Substances Cases, Jhalawar by which the learned Special Judge convicted the accused appellant for the offence under Sec. 8 read-with Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the "NDPS Act") and sentenced him to undergo 10 years rigorous imprisonment with a fine of Rs. 1,00,000.00 and in default of payment of fine, to further undergo one year rigorous imprisonment.

(2.) The case of the prosecution is that on 11.6.1994 PW 9 Shri Ram Lal Parmar, Station House Officer, Police Station, Bhawani Mandi was informed by the informer that one person Alpesh Kumar wearing black pants and shirt is selling smack near the old distillery ground. That information was recorded by Shri Ram Lal in Rojnamcha, a copy of which is on record as Ex.P. 7. The above information was also recorded separately by Shri Ram Lal Parmar as Ex.P 3 and sent a copy of the above information to the Superintendent of Police, Jhalawar District. On this information, he alongwith A.S.I. Shri Bahadur Singh, A.S.I. Shri Durga Lal, Constable Shri Ghan Shyam, Constable Jahid Ali, Constable Piyar Singh and Constable Dinesh Kumar left the Police Station and reached at the destination, where he found the accused appellant. He made accused appellant aware of his legal right that if he so desires, he shall be produced before a Gazetted Officer or a Magistrate for the purposes of making search in their presence and Ex.P. 2 was prepared to this effect. The accused appellant authorised Shri Ram Lal Parmar for his search. The Personal search of the accused appellant was conduted and smack weighing 2 gms was recovered from the left pocket of his pants. Memo of recovery Ex.P. 1 was prepared on the spot. The recovered sealed smack was resealed at Police Station and Ex.P. 8 was prepared to this effect. He arrested accused Alpesh Kumar vide Ex.P. 4 arrest memo. The sealed packet was deposited in the Malkhana of the Police Station, where from the sample was sent for chemical examination to the State Forensic Science Laboratory. On chemical examination the sample gave positive test for the presence of diacetyl morphine (Heroine), the report of F.S.L. is Ex.P. 12. Shri Ram Lal Parmer recorded the proceedings in Rojnamcha vide Ex.P. 9 and registered a case vide Ex.P. 10. He also sent Ex.P. 11 information regarding recovery of smack and arrest of accused to the Superintendent of police under Sec. 57 of the Narcotic Drugs and Psychotropic Substances Act. On completion of the investigation, charge-sheet under Sec. 8 read-with Sec. 21 of the Narcotic Drugs and Psychotropic Substances, Act was submitted in the trial Court.

(3.) The learned trial Court after hearing the submissions of the accused appellant and the learned Public Prosecutor framed charges under Sec. 8 read with Sec. 21 of the Narcotic Drugs and Psychotropic Substances, Act against the accused appellant, which was readover and explained to the accused, to which he denied and claimed trial.