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 Sec. 8/18. The learned Special Judge having found the prosecution story as alleged, proved, held the accused appellants guilty of the offence under Sec. 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 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 Sec. 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 purpose PW3 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.P/2. The Sub Inspector when 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. PW3 submitted a First Information Report, Ex.P/10 to the Superintendent (Prevention, upon which a case was registered and investigation was entrusted to PW5 Jamnalal Meena. Inspector.

(3.) ON the basis of Statement of appellant Sugna. Ex.P/13 that he had purchased 2 Kgs. opium from appellant Kishanlal @ Rs.5000/ - per Kg. Jamnalal Meena, Inspector along with other officials proceeded to the house of Kishan Lal and recovered opium weighing 12.600 Kgs.