BALVINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants-Balvinder Singh and Jaimal Singh have filed this appeal against the judgment dated 23-12-1999 by the Special Judge, N.D.P.S. Act cases, Hanumanagarh, whereby both were found guilty under Ss. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the N.D.P.S. Act") Act and each one was awarded 12 years' rigorous imprisonment along with fine of Rs.1,25,000.00 each. In default of payment of fine, they have been ordered to further undergo rigorous imprisonment for a period of 2 years.

(2.) The facts of the case, in brief, are that the Deputy Superintendent of Police Circle Nohar, District Hanumanagarh allegedly received a secret information on 4-9-1997, according to which, the accused persons were likely to cross the Ramgarh-Balwala area with illicit opium, which they were to carry to Punjab. Consequently the police party headed by the Deputy Superintendent of Police P.W. 11 Sawai Singh Godara, made a "Nakabandi" and stopped the appellants who came on a Scooter No. PBO-3A-5371 and the appellants were told that there was an information against them, as stated above. They were given the option to get themselves searched by a Gazetted Officer or a Magistrate but they agreed for the search by the Police. Thereupon the search was made. Nothing incriminating was found on their persons but in the 'dickey' of the scooter, four bags containing opium were recovered. All the four bags containing opium weighted 5.970 kgs. 50 Grams opium from each bag was taken out and was sealed separately. The recovery memo and other documents were prepared, the accused persons were arrested and the FIR was lodged at Police Station, Nohar. Ultimately, the challan was filed in the said Court and both the appellants were charged for the said offence. Both pleaded not guilty. Eleven witnesses were examined by the prosecution and no defence evidence was led. The learned trial Court heard the arguments and delivered the judgment as stated above, against which, this appeal has been filed.

(3.) I have heard the learned counsel for the appellants and learned Public Prosecutor for the State and I find that the whole story is highly suspected and it is difficult to sustain the conclusion drawn by the learned trial Court. It is highly suspected that the samples which were allegedly taken on the spot on 4-9-1997 reached the FSL at Jaipur intact. In this respect, P.W. 6 Gopal Ram and P.W. 8 Astali Khan are most important witnesses.