BHAGWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal appeal by accused appellant Bhagwan Singh has been preferred against the judgment and order dated 6/9/2000 passed by the learned Special Judge (NDPS). Jhalawar by which he has convicted the accused appellant under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as the Act) and sentencing him to undergo rigorous imprisonment for 15 years with a fine of Rs. two lacs, in default thereof to further undergo two years Rigorous Imprisonment.

(2.) Briefly stated the prosecution case is that on 26/3/1999 at about 7.30 PM. Jamna Lal Meena. P.W. 3 Inspector Narcotics Department having received information from the informer that Bhagwan Singh S.10 Bhanwar Singh has got concealed 10-12 kg. opium in his residential house constituted a reading team and proceeded to the house of Bhagwan Singh in a Government vehicle. On 27/3/1999 at about 7.00 P.M., the raiding party reached the house of Bhagwan Singh and encircled his house. Bhagwan Singh was found present in his house. The Inspector in the presence of two Panchas namely; Kachru Singh and Karan Singh gave a notice to the accused as required u/s 50 of the Act, thereby making him aware of his legal right to be searched either in presence of a Magistrate or in the presence of the Gazetted Officer. The accused while putting his thumb impression oh the notice consented for his search to be conducted by Jamna Lal Meena. Inspector. On search the Inspector found opium lying in a utensil (bhagona). On weighing the opium the net weight of the opium came to be 10.800 kgs. The Inspector prepared seizure memo Ex. p.1. He than took the samples and sealed the samples and remaining opium in separate packets. The Inspector than arrested the accused and prepared site plan Ex. P.4. The Inspector submitted a detailed report Ex. P.14 to the Superintendent, Narcotics Bureau, Gwalior. The Supt. entrusted further investigation to PW 6 Ramesh Chandra Joshi, who recorded the statement of witnesses and on completion of investigation submitted a charge sheet against the accused appellant in the court of Special Judge. NDPS Cases Jhalawar.

(3.) The learned trial Court, after hearing counsel for both the parties, framed charge against the accused u/s 8/18 of the Act. The accused denied the charge and claimed to be tried.