JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Today the case is listed in the category of "orders'. But with the consent of both the parties, this case is being decided finally by this Court at this stage itself.

(2.) The appellants are aggrieved by the judgment dated 27.09.2004, passed by the Special Judge, (NDPS Cases) and Additional District and Sessions judge, Khetri, District Jhunjhunu, whereby the learned judge has convicted the appellants for offences under Sections 8/15 of the NDPS Act (the act', for short) and sentenced them to ten years of rigorous imprisonment. The learned Judge has also convicted them for ofences under Sections 8/18 of the Act and has sentenced them to ten years of rigorous imprisonment and has imposed a fine of Rs. 1 lac each, and in default thereof, to further undergo one year of rigorous imprisonment and has imposed a fine of Rs. 1 lac each and in default thereof, to further undergo one year of rigorous imprisonment. He has also convicted them for offences under Sections 8/20 of the Act and sentenced them to ten years of rigorous imprisonment, and has imposed a fine of Rs. 1 lac each, and in default thereof, to further undergo one year of rigorous imprisonment. The sentences were directed to run concurrently.

(3.) In short the facts of the case are that on 21.7.2000, around 12:30 PM. Narpat Singh (PW-10) RPS (Probationer) SHO, Police Station Buhana, Jhunjhunu, received a secret information that the appellants are keeping ganja, opium and doda powder in their house and are selling them illegally. Upon receiving this information he immediately informed his superior officers. He further constituted a raiding party. The raiding party reached the appellants' house around 1:50 p.m. After giving the notice under Section 50 of the Act and after informing the appellants about the secret information received by them, the consent of the appellants was taken for their house to be searched. During the search, two bags of ganja, three plastic bags full of doda powder and one plastic box full of opium were discovered. In all thirty three kilograms ganja, thirty-seven kilograms of doda powder in one bag, forty-eight kilograms of doda powder in another bag, and thirty-three kilograms of doda powder in a third bag, and 800 gm. of opium were recovered. Samples of 100-100 gms each were taken and the contraband drugs were sealed. The seal used for sealing the drugs was also sealed. Subsequently, a FIR, FIR No. 117/ 2004 for offences under Sections 8/15, 8/18 8/ 20 of the Act was registered against the appellants.