HARPAL SINGH @ BANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 30.8.2003 whereby the present appellant has been convicted for the offence under Sec. 8/18 of the N.D.P.S. Act and has been sentenced for 10 years' rigorous imprisonment together with a fine of Rs. 1,00,000.00, in default whereof to further undergo one years' simple imprisonment.

(2.) The brief facts of the case are that on 3.7.2000, an information was received by the Addl. S.P. Bhilwara that Harpal Singh, present appellant, has concealed contraband opium in his house near Mahila Ashram and it is in, process of taking it out. The said information was considered to be correct and since there was emergency, reasons under Sec. 42 of the N.D.P.S. Act were recorded and parcha was prepared: After that Shivlal Joshi rand other police personnels went to the scene of occurrence. Since no independent motbir was available near the house, therefore, Ramprasad Upadhyay was sent to bring the independent witnesses, who brought Ashok Jain PW-13 and Laxmilal jaiswal PW-1 as independent witnesses. Thereafter, the police party, with the independent witnesses, entered into the porch of the house, door was closed and the same was knocked and opened by the appellant. A notice was given to the present appellant under Sec. 50 of the N.D.P.S. Act. Nothing was found in the room and chowk etc. but there were two rooms in the open chowk, one of which was locked. The appellant gave key of the locked room, which was opened and inside the room, in an iron box 6 packets and in an iron tin 3 packets were found containing opium. Samples were taken out of every packet, which were properly sealed. Remaining opium was also sealed and after the requisite proceedings, seizure memo was prepared. In total, 38 kg 850 gm. opium was seized. The appellant was arrested and after investigation challan was, filed.

(3.) Charges were framed against the present appellant for the offence under Sec. 8/18 of the N.D.P.S. Act. The prosecution examined as many as 14 witnesses. The statement of the accused under Sec. 313 Crimial P.C. was recorded, wherein he denied the allegations levelled against him and in defence he examined three witnesses. After conclusion of trial, the present appellant has been convicted and sentenced as aforesaid.