DHIMA RAM Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by Dhima Ram and Sona Ram against the judgment delivered by Special Judge, NDPS Cases, Jodhpur dated 18-5-2001 whereby the two accused persons were found guilty under Section 8/18 of the said Act and both were sentenced to undergo rigorous imprisonment for ten years and each one was fined Rs. 1,50,000.00. For default of payment of fine further imprisonment for two and a half years has been ordered. It is not made clear as to whether this additional period of imprisonment would be simple or rigorous. #

(2.) According to the prosecution story PW 4 Faulal Panwar, SHO, Police Station Kalyanpur, Distt. Barmer on 26-6-1999 received a message from the informer to the effect that the accused Dhima Ram along with his associate was likely to go on a motor cycle towards 'Sankhlon Ki Dhani' to sell opium. Accordingly, the message was recorded and the SHO Faulal along with other police personnel and a 'Motbir' PW 3 Jethu Singh proceeded towards the given place. Both the accused persons came on a motor -cycle bearing No. RJ-19/9M-4616 and were stopped by the police party. According to the prosecution story the jeep of the police station was sent to the Tehsildar. Pachpadra, PW 7 Ashok Kumar and after his arrival the search was conducted and opium in two polythene bags weighing one Kg. each was recovered from the dicky of the motor-cycle. Accordingly, the douments were prepared. The accused persons were arrested and a case was registered at the Police Station. The samples which were taken on the spot were sent for chemical examination to the FSL at Jaipur and as per the report Ex. P/27 the material sent for examination was found to be opium. Ultimately, both were challenged. They were charged under Section 8/17 and 8/18 of the said Act and both pleaded not guilty. Nine witnesses were examined by the prosecution and thereafter the statements of the accused persons were recorded under Section 313 of the Cr.P.C. The accused persons stated that they have been falsely implicated and no opium was ever carried by them. They stated that they had gone to village Surpura and both were arrested in village Surpura in the presence of DW 2 Chiman Singh. DW 1 Jaskaran, DW 2 Chiman Singh and DW 3 Sarupa Ram (son of the accused Dhima Ram) were examined in defence. The three witnesses deposed to the effect that the accused persons along with DW 3 Sarupa Ram were in village Surpura to negotiate the cultivation of the fields of DW 1 Jaskaran, where the police came and arrested the two accused persons. #

(3.) PW-1 Narpat Singh is the H.M. of Police Station Kalyanpur who has deposed that he was incharge of the 'Maal Khana'of the police station and six sealed bags were deposited by the SHO with him on 26-6-1999. He further stated that on 5-7-1999 the said packets were sent to FSL" Jaipur with DW 5 Amara Ram. PW 2 Hanumana Ram has deposed to the effect that the report prepared under Section 42 of the Act was taken by him to the office of the police Superintendent at Barmer and was delivered by him there. PW 6 Daulat Singh, SHO Police Station Siwana, has stated that the case was investigated by him during which the site inspection note Ex. P/26 was prepared and the statements of the witnesses were recorded under Section 161 of the Cr.P.C. PW8 Swaroop Singh a constable in the S.P. Office, Barmer has stated that constable Amara Ram, on 5-7-1999, came to the SP Office were the forwarding letter Ex.P/23 was prepared and given to Amara Ram. PW 9 Narpat Singh is a 'Motbir' witness of the site plan Ex. P/26 who has admitted that there were 15 to 20 residential houses near the place of the recovery. #