ARJUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal is directed against the judgment dated November 13, 1988, passed by the Additional Sessions Judge, Barmer by which the learned Additional Sessions Judge convicted and sentenced the accused under Section 21 of the Norcotic Drugs and Psychotropic Substances Act, 1985.

(2.) PW 5 Jalam Singh, Station House Officer, Police Station, Barmer, on August 9, 1987, received an information through some 'mukhbir' that a mohammedan person R/o Karime Ka Paar (Pakistan) was bringing smuggled heroin to Barmer, but in the way, on account of some disturbances, he had hidden the heroin in some sand-dune nearby the road. Accused Hasti and Arjun Singh came to know regarding this and, therefore, they have taken some polythene bags containing heroin from that place where the same was hidden by that mohammedan person and they were in search of some customer to sell that heroin. After recording this information in the 'rojnamacha' Ex. P-ll Jalamsingh, S. H. O. , alongwith Bakhtawar Singh L. S. C. , Sagatsingh FC. Maluka Ram Constable and Tarasingh Driver, went on a jeep No. RJC 4131, and went to the Dhani of accused Arjun Singh and Hasti. When they reached on the Eastern side of the Dhani of Narain Singh two persons were sitting there, who, after seeingt he police party, tried to run away,but the police party caught hold of them and on enquiry, they disclosed their names as Hasti & Arjun Singh. Hasti at that time, war carrying a green polythene bag and Arjun Singh was carrying a bundle (GATHARI ). They were searched before Bakhtawar Singh and Narpat Singh and on search, two polythene bags coniaining heroin were recovered from Hasti and three polythene bags containing about 300 kgs. of heroin were recovered from Arjunsingh. Samples were taken from these five polyhene bags and thereafter these five samples and the five polythene bags were separately sealed. Thereafter they came to Police Station Barmen recorded the First Information Report and after conducting the investigation, presented the challan against the accused appellants in the Court and the accused-appellants were tried by the learned Additional Sessions Judge, Barmer, for the offence under sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the Act' ) The prosecution, in support of its case, produced six witnesses and the accused, in his defence, examined one witness D W 1 San Singh. The learned Additional Sessions Judge, after trial, found the accused-appellants guilty under Section 21 of the Act and sentenced both the accused-appellants to undergo fifteen years rigorous imprisonment and a fine of Rs. 1,00,000/-, and in default of payment of fine to further undergo one year's rigorous imprisonment. It is against this judgment, passed by the learned Additional Sessions Judge, Barmer, convicting and sentencing the accused-appellants that the accused-appellants Arjun Singh and Hasti have preferred this appeal.