IKRAMUDDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant has preferred this appeal under Section 374 Criminal Procedure Code against the judgment of conviction and order of sentence dated 06.09.2004 passed by Special Court (N.D.P.S. Cases), Ajmer in Criminal Case No.24/ 2003 whereby the appellant has been convicted for the offences under Section 8/18 (c) and Section 8/20(b)(ii)(c) of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act") and has been sentenced to undergo rigorous imprisonment of three years with a fine of Rs.25,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 8/18(c) and to undergo rigorous imprisonment of 15 years with a fine of Rs.2,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for five years for the offence under Section 8/20(b)(ii)(c) of the Act.

(2.) The brief relevant facts for the disposal of this appeal are that the appellant was charge sheeted for the offences under Section 8/18(c) and Section 8/20(b)(ii)(c) of the Act on the premise that on 25.05.2003 when a house owned and possessed by the appellant was searched by Shri Praveen Kumar Jain, (Probationer I.P.S. Officer) Police Circle, Kekri (District Ajmer) in the presence of two independent witnesses and the appellant himself, narcotic drug opium weighing 1.250 Kg., narcotic drug Charas weighing 5.250 Kg. and narcotic drug Ganja weighing 79.650 Kg. was recovered from the possession of the appellant without any valid licence or permit. F.I.R. No.109/2003 for the offence under Section 8/18 and 8/20 of the Act was registered in this regard at Police Station Sarwad, District Ajmer. To prove the charges, the prosecution produced oral as well as documentary evidence whereas in his statement under Section 313 Criminal Procedure Code, the appellant denied the allegations and the evidence of the prosecution and specifically stated that the house, from which the alleged recovery has been made, belongs to one "Shri Chand Khan son of Shri Kalu Khan whereas his house is a single story building bearing No.124. It was also stated by him that he has been falsely involved in this case as the police personnel demands his jeep from time to time. In his defence the appellant produced oral as well as documentary evidence. It is pertinent to note that the prosecution apart from other also produced FSL report Ex.P32 dated 19.09.2003.

(3.) The trial court after appreciating and evaluating the evidence produced on behalf of the respective parties and hearing both the parties arrived at the conclusion that the house from which the recovery of contraband has been made belongs to appellant and at the time of the alleged recovery the contraband was in the conscious possession of the appellant. It was also concluded by the trial court that compliance of every mandatory provision of the Act was made by the Recovery and Seizure Officer during investigation. Therefore, on the basis of the conclusions arrived at by the learned trial court, the appellant was convicted and sentenced by the impugned judgment and order dated 06.09.2004 in the manner as has been stated hereinabove. Hence, the instant appeal.