SAUDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellants Saudan and Lalu have preferred this criminal appeal against the judgment and order dated 17-6-2000 passed by the Special Judge, NDPS cases (Additional Sessions Judge), Ramganjmandi, Kota, whereby the learned special Judge has found the accused-appellants guilty of having committed offence under S. 8/15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as "the Act") and accordingly, convicted both of them for the said offence and sentenced each of them to undergo rigorous imprisonment for 10 years with a fine of Rs. one lac each, in default thereof, each to undergo simple imprisonment for two years.

(2.) Brief facts relevant for the purpose of disposal of this appeal are summarised as follow : During night intervening 1-11-99 and 2-11-99, P.W. 7 Badri Lal, Sub-Inspector along with his team, while on patrolling duty, found the appellants sitting on the road near Kamalpura at about 4.00 a.m. who were having three bags (boras). On being asked about the bags, the accused replied that there were red chillies in the bags, but on suspicion, having touched the bags, it was felt that the bags might be containing the substance like powder of poppy straw. Thereupon, the Sub-Inspector informed the SHO, Police Station Modak on wireless of his suspicion. Having received the information, P.W. 10 Jodha Ram, SHO along with police party reached the place of incident. After informing the accused of their legal right to have their search conducted either in the presence of a Magistrate or in the presence of a Gazetted Officer and after both the accused consented for their search to be conducted by the SHO himself, the SHO searched the bags and found that all the three bags contained poppy straw powder in different quantity. He then took the samples of 500 grams from each bag and sealed the samples. The SHO prepared search and seizure memo Ex.P5 and arrested both the appellants. The SHO registered a case vide FIR Ex.P17 and rest formalities were completed.

(3.) On completion of investigation, a charge sheet was submitted against the appellants on 10-1-2000 for offence under S. 8/15 of the Act. The learned special Judge took cognizance and on 28-2-2000, the learned special Judge framed charge against the appellants under S. 8/15 of the Act. The appellants denied the charge and claimed trial.