DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal by appellant arises out of the judgment dated 19.04.95 passed by the District & Sessions Judge, Jaipur District, Jaipur by which he has convicted the appellant under Sec. 8/18 of the Narcotics Drug and Psychotropic Substances Act, 1985 (for short, the NDPS Act) and sentenced him to undergo 12 years rigorous imprisonment with a fine of Rs. one lakh, in default of payment of fine, to further undergo two years rigorous imprisonment.

(2.) The facts of the case are that a credible information was received in the office of Superintendent of Police, C.B.I., SIU XI, New Delhi on 22.10.91, which was reduced to writing and registered. The information was to the effect that one Dinesh Kumar Jain @ Jagdish S/O Shri Gopi Lal Jain, R/O Pipli Chowk, Village Padava along with others from Jhalawad and Jaipur is indulging in the nefarious trade of Narcotic drugs, specially opium and is likely to supply a huge quantity of opium near Hotel City Centre near Bus Stand Jaipur on 26.10.1991. Dy. S.P. CBI Shri R.S. Saroha formed raiding party consisting of himself, ASI Bal Kishan, HO Jagram, Constables Raj Kumar, Lalit Singh, Surjan Singh and left Delhi by staff vehicle No. DL 2C B 7030 and by Bus on 24.10.91 in the evening in two groups. All of them assembled in the office of S.R, C.B.I., Jaipur on 25.10.91 at about 10.00 AM. At about 1 PM the informer informed him that Dinesh @ Jagdish would be delivering huge quantity of opium to the unknown party tomorrow i.e. on 26.10.91. Thereafter, two independent witnesses, namely, Sitesh Kumar Verma and Prem Kumar Doi, both Inspectors of Income Tax Department were procured through CBI Office. Inspector N.S. Virk also joined the raiding party on 26.10.91.

(3.) On 26.10.91 at 11.00 AM. the raiding party including the independent witnesses assembled near Bus Stand, Taxi Parking. The informer also reported there and confirmed that the suspect would be coming between 12.00 noon and 1.30 PM near Hotel City Centre near Bus Stand, to deliver the opium to the unknown party from station road side. After briefing the members of the said raiding party about the latest information, he deployed them at strategic points on way to Hotel City Centre from Station Road side at about 11.40 A.M. At 12.20 P.M. a person was seen coming from station road in the lane towards the Hotel City Centre with two plastic (fertilizer) begs, one on the left shoulder and another in the right hand. When the said person reached near Mewar Hotel's side gate (in this lane), the informer pointed out that he is that wanted suspect Dinesh and then the informer slipped away from the spot. He sounded the party members through a pre-determined signal and encircled the suspect with the help of members of the raiding party. He disclosed his identity and to the party members and witnesses and the purpose of encircling him. He become nervous and non-plused. On asking, he disclosed his name as Dinesh Kumar Jain @ Jagdish S/O Gopi Lal Jain R/O Pipli Chowk Village Padeva. District Jhalawar Rajasthan, putting down both be the sacks. On asking about the contents of the sacks, he disclosed reluctantly that it is opium approx. 50 Kgs. in both the sacks. Thereafter, he was asked whether he wanted to have his search conducted before a Magistrate, to which he denied. Then he was asked to open sacks. He opened both the sacks. One of the sack was containing a funny beg which in turn was containing a blackish coloured canvass beg containing opium. The other sack was opened and was found to contain one blackish coloured canvass bag containing opium. By that time a lot of people assembled there and he asked them if any body wants to become witness but no body came forward. Apprehending more gathering at the spot, he alongwith members of party, witnesses and suspect with both bags withdrew to Hotel Vikram to complete the proceedings. Field test was conducted after drawing one sample from each sacks and test confirmed that it was opium. Both the sacks were got, weighed from near by Kabari Shop in this very lane in the presence of Inspector Virk, ASI Bai Kishan, both independent witnesses and Dinesh and on weighing they were found to be of 25,200 Kgs and 25,700 Kg. the bag were marked "A" and "B". Thereafter, he alongwith members of raiding party returned back to Hotel Vikram for completing the proceedings. Two representative samples each weighing 100 grams were drawn from each sack and were marked "A/1 and "A/2 (samples from sack "A") and B/1 and B/2 (Samples from sack "B"). Samples were put into polythene bags (small) and tied with the gunny thread an in-turn kept the same in paper envelope and sealed with the seal "SPE 58". The remaining opium was sealed in the same packages with the said seal. He along with independent witnesses and Inspector Virk put their signatures on the sealed packages. Fescimile seal impressions of the said seal "SPE 58" were obtained on the separate sheet of paper under the signatures of independent witnesses and CBI Officers, Vide Ex.P 4. The seal impressions were also affixed on each page of the memo. The above said case property was taken into possession through the seizure memo, Ex.P.1. the seal after use was handed over to independent witness Shri Sitesh Verma under proper receipt, Ex. P. 5. The accused Dinesh Kumar Jain S/o Gopi Lal Jain was arrested on the spot apprising him the grounds of his arrest and his personal search was conducted through a separate memo, Ex.P.3 under the signatures of independent witnesses and CBI officers. To seal the very small quantity of opium about 5 grm., recovered from the personal search of Dinesh the seal "SPE 58" was taken back from Shri Sitesh Verma and the seal was handed over again to him after sealing the said opium. The package of this quantity of opium was put in polythene bag and then in envelope marked "P". The proceedings concluded at 2.45 P.M. The site plan. Ex.p. 2 showing the place of occurrence was prepared on separate sheet under the signatures of independent witnesses and CBI Officers.