NATHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Additional Sessions Judge, Barmer has convicted the appellants Saffiya and Nathiya of offence under S.20(11) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and has sentenced each one of them to undergo R.I. or 20 years and to pay a fine of Rs. 2,00,000.00 each and in default to undergo further R. I. for one year each. Aggrieved, Saffiya and Nathiya have come in appeal.

(2.) Briefly stated, the prosecution story is that on 28-2-87 PW5 Hamir Singh was posted as S.H.O., Police Station, Sheo. That day he was informed by the Superintendent of Police, Barmer that the latter had been informed by an informer that Nathiya and Safflya were proceeding on two camels with contraband 'charas'. Upon this information from the Superintendent of Police, Barmer, Shri Hamir Singh along with Dy. S. P. Govind Narayan, Head Constables Bijraj Singh and Heera Ram, Head Constable of C.I.D. Umaid Singh and other police officials, namely, Girdhari Singh, Tajmal Singh, Kishan Singh and Pratapdan proceeded in Govt. jeep in search of the two persons towards village Dholakiya. In this connection, Hamir Singh before proceeding to Dholkiya, recorded a report (Ex. P. 12) in the daily 'Rojnamacha' of the Police Station. When the police party reached near the northern outskirt of village Dholkiya, foot marks of two camels were seen proceeding towards village Mungeria. The police party continued to proceed in the direction to which the foot marks led. On the outskirt, of village Mungeria, the police party met PW6 Shyam Singh an ex-police official, who was asked to accompany them. The police party along with Shyam Singh went towards sand dunes which lay at a distance of about 1 km. in the north from village Mungeria. There, the police party spotted two persons going on camels. The two camels and riders were surrounded and taken into custody. Each camel was carrying a 'pilan'. Upon enquiries, one of the camel rider gave out his name as Nathiya while other accused as Saffiya. The police party found that three bags were being carried on the camel which Nathiya was riding. Four bags were being carried by the camel which Saffiya was riding. The police party got the bags unloaded. In the bags recovered from the camel of Nathiya 150 packets were found and from the bags carried by the camel of Saffiya 151 packets were found. Hamir Singh got opened the packets and after smelling them, found them to contain contraband charas. The two appellants were asked to produce licence or permit about the possession of the aforesaid contraband but they failed to produce any. Shri Hamir Singh, thereupon, prepared recovery memo Ex.P.1, site plan Ex.P.12 and legand (sic) of the site plan Ex. P.2. He arrested Saffiya vide arrest memo Ex. P. 3 and Nathiya vide arrest memo Ex. P.4. He also prepared a memo Ex.P. 14 regarding 'the foot marks which had led to the apprehension of the appellants.

(3.) The prosecution story is that the police party took the accused persons to Police Station, Sheo. The S.H.O. got the packets of contraband charas, weighed and took out samples from the various packets and sealed back the packets as also the samples recovered by him vide memo Ex.P.5. The bags which contained the packets were marked 1 to 7 and each of the packet was also marked by Shri Hamir Singh. He further prepared recovery memo in respect of the two camels vide Ex.P.6 and Ex.P.7. The 'pilans' of the two camels were handed over to custom officials vide Ex.P.17.