AHMAD MOINUDDIN AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Present revision petition has been filed on behalf of the petitioners Ahmad Moinuddin and Shambhu Singh challenging their conviction recorded by the Chief Judicial Magistrate, Banswara in Criminal Original Case No. 98/1981 by his judgment dated 4.5.1993, whereby the petitioners were convicted for the offence under Section 4/9 of the Opium Act and sentenced to two years' rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine to further undergo two months' rigorous imprisonment. The petitioners challenged the said judgment by way of an appeal, being Criminal Appeal No. 13/1993, which was rejected by the Additional Session Judge, Banswara by his judgment dated 27.1.1995.

(2.) During pendency of hearing of the revision, petitioner No. 1 Ahmad Moinuddin expired and accordingly the revision petition filed on his behalf has abated.

(3.) Briefly stated, the facts relevant and necessary for the disposal of the revision are that the Preventive Inspector of the Central Narcotics Bureau, Mr. Bhanwar Lal Nagori lodged a report at the Police Station, Pipalkhunt on 25.6.1981 alleging inter alia that on receiving an information regarding transit of opium in Jeep No. MSM 714 by Indra Mal Patidar, the Preventive Inspector, along with other members of the Central Narcotics Bureau, formed a blockade on the road going from Mudasel to Banswara. It is further stated in the report that on 26.3.1981 at about 3.30 AM, the above-numbered jeep was seen coming from village Mudasel, on which the preventive team flagged-down the jeep and directed it to stop, the driver of the jeep tried to drive the jeep away but could not do so as the preventive party had surrounded the same. A total of five persons including Indra Mal Patidar were sitting in the Jeep. Indra Mal Patidar and two other persons sitting in the jeep ran away after assaulting the preventive party but the remaining two could be apprehended, who were accused-petitioners Abroad Moinuddin and Shambhu Singh. The jeep was brought to the shop of one Ratan Lal Jain and the search thereof was conducted in the presence of Panchas, on which a total of twenty plastic packets packed in five gunny bags containing contraband opium were found. On weightment, the opium was found to be weighing 194.400 kilograms. It is stated that from each of the plastic packets, two samples of 30 grams of opium, i.e. a total of 40 samples were taken in empty cigarrate cases. After completion of necessary proceedings of seizure and sealing, the Preventive Inspector Bhanwar Lal Nagori lodge the F.I.R. at the Police Station, Pipalkhunt on 23.6.1981, whereupon F.I.R. No. 11/1981 of Police Station, Pipalkhunt was registered and the investigation ensued. After usual investigation, the police filed a charge-sheet against Ahmad, Shambhu Singh and Indera Dev Patidar for the offence under Section 4/9 of the Opium Act. The present petitioners were convicted and sentenced as stated above and the appeal preferred by them against the conviction has been rejected. Accordingly, the present revision. The third accused Indra Dev Patidar was acquitted giving him the benefit of doubt.