KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the accused appellants namely; Kishan Lal and Sugan Lal were tried by the learned Special Judge, NDPS Court, Bundi for having committed offence Under Section 8/18. The learned Special Judge having found the prosecution story as alleged, proved, held the accused appellants guilty of the offence Under Section 8/18 of the Act and accordingly convicted them of the said offence and sentenced each of them to undergo ten years' rigorous imprisonment with a fine of Rs. one lac, in default thereof, each was to further undergo two years' rigorous imprisonment.

(2.) AS per, the prosecution case, on 26.4.1997 PW -3 Bajrang Lal, Sub -Inspector, Central Narcotics Bureau, Kota submitted a report that he, while in the process of checking to' prevent smuggling of narcotic drugs, under the leadership of Superintendent (Prevention) got Bus No. RJ 01 -P 1014 stopped. During the course of search, he found a person in suspicious condition sitting on seat No. 37, who, on enquiry, disclosed his name as Sugna S/o Srilal. He was alighted from the bus and was informed of his legal right Under Section 50 of the Act to get his search conducted either in the presence of a nearest Magistrate or in the presence of a Gazetted Officer. For this purposes PW -3 Bajrang Lal gave him a written notice, Ex.P.1. Appellant Sugna desired that his search could be conducted in the presence of Shri Nandlal Rai, Superintendent who was present at the scene. An endorsement to this effect was made on the notice itself and the appellant put his thumb impression. On search, some substance was found duly tied on the stomach of appellant Sugna, which was stated to be opium. On getting the same weighed, it was found to be weighing 2.00 Kgs. He then prepared seizure memo Ex.P2. The Sub -Inspector then took two samples of 24 grams each out of the seized opium and sealed the same in two different packets. The remaining opium was also sealed in a separate packet. After completing necessary formalities, PW -3 submitted a First Information Report, Ex.P10 to the Superintendent (Prevention), upon which a case was registered and investigation was entrusted to PW -4 Jamnalal Meena, Inspector.

(3.) THE investigating agency completed investigation and submitted charge sheet against both the appellants in the court of Sessions Judge. The case came to the tried by the learned Special Judge, NDPS Act Cases.