SALIM KHAN Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) THIS criminal appeal by appellant Salim arises out of the judgment dated 16.09.1999 passed by the Special judge (NDPS Cases), Jhalwar by which he has convicted the appellant under Section 8/18 of the Narcotics Drug and Psychotropic Substances Act, 1985 (for short, the NDPS Act) and sentenced him to undergo 10 years rigorous imprisonment with a fine of Rs. one lakh, in default of payment of fine, to further undergo one years' rigorous imprisonment.

(2.) THE facts leading to the prosecution case are that, on 6.10.1998 Sarvshri Dharmendra Prasad Bhatnagar Inspector, Prabhu Dayal, Hardayal Singh and Shivraj all constables, Narcotics Department were the Members of Preventive Party. Under the leadership of PW.3 C.L. Verma, Superintendent, Office of the Dy. Commissioner Narcotic, Kota, all of them were engaged in checking the vehicles at Toll Tax Barrier, Aklera for the purposes of preventing smuggling of Narcotics Drugs and Psychotropic Substances.

(3.) THEREAFTER , Shri Bhatnagar and Shiv Raj entered the bus and found a person sitting on seat No. 18 in a suspicious condition. He brought down the person from the bus. He disclosed his name as Salim. Thereafter Bhatnagar disclosed his identity and informed that person of his right to be searched either in presence of a Magistrate or a Gazetted Officer and gave notice Ex.P.2 to that effect. Salim gave his consent to be searched by Shri Bhatnagar and put his signatures on the consent. On being searched, one white coloured plastic bag tied on his person in a yellow coloured cloth, which was further tied by red coloured string was found. On opening the bag, it was found to have contained with opium weighing 4 Kg., out of which two samples of 24 grams each were taken. The samples and remaining opium were sealed in separate packets. Seizure memo Ex.P.3 was prepared. Memo of specimen seal, Ex.P.6 was also prepared. The accused was arrested vide arrest memo, Ex.P.5. During search, one bus ticket was also recovered vide Ex.P.1. Thereafter, site plan Ex.P.4 was prepared. Shri Bhatnagar submitted a first information report to Shri C.L. Verma, Superintendent of Police, who in turn, authorised Shri Sita Ram to conduct the investigation and submit the complaint in the Court. Shri Bhatnagar also prepared Test Memo, Ex.P.10 and recorded the statement of accused, Ex.P.16. He deposited the samples and remaining opium in the Malkhana, the entry of which is Ex.P.14. Shri Amar Lal, Constable deposited the, sample in the Government Opium and Alkeloid Works, Neemach vide Ex.P.13. The report of the Chemical examination is Ex.P.12, which indicated the sample to be of opium having morphine to the extent of 6.35%. Shri C.L.Verma sent information of seizure of opium and arrest of accused under Section 57 of the NDPS Act vide Ex.P. 18 to the Deputy Narcotics Commissioner, Kota. Shri Sita Ram also recorded the statement (Ex.P.17) of accused.