BHAGIRATH AND ANOTHER Vs. UNION OF INDIA

JUDGEMENT

(1.) Under sub-section (2) of section 374 Cr.P.C., Bhagirath and Bheru Lai have filed this Jail Appeal. Subsequently, learned counsel has appeared on behalf of the appellants and have pursued the matter to logical end.

(2.) Learned Special Judge, NDPS Cases, Chittorgarh, in Sessions Case No. 203/97 by judgment and order dated 5th March, 1999, after a thread-bare discussion of the facts and law involved, has convicted the accused appellant Bhagirath for offences under Sections 8/21 and accused appellant Bheru Lai for offence under Sections 8/29 of the Narcotic Drugs And Psychotropic Substances Act. Each of the accused appellants has been awarded 15 years rigorous imprisonment alongwith fine of Rs. 1,50,000/-. Aggrieved against that order, this joint appeal has been filed. To appreciate the rival arguments as also points involved herein, a brief resume of the facts of the case are mentioned as under:

(3.) On 6th June, 1996, P.W. 10 Yogendra Kumar Chaturvedi alongwith other staff of Narcotics Control Bureau, Chittorgarh, under charge of P.W. 9 Rakesh Kumar, Superintendent, was holding anakabandi at Morikhera Railway Crossing, situated on Bhilwara Chittorgarh road. At about 7.25 P.M. Rajasthan Roadways Bus No. RJ12 P 0398 came from the side of Chittorgarh, which was stopped for search. Accused appellant Bhagirath was sitting at seat No. 47 in the bus in suspicious condition. He was brought down and a notice Ex. P. 5 under Section 50 of the Act was also given to him in the presence of P.W. 6 Rupan Singh, Conductor and P.W. 5 Hari Singh, Driver of the bus, upon which accused Bhagirath wanted to be searched in the presence of a Gazetted officer. However, instead of conducting search of the accused before an independent Gazetted officer of the Department, he was searched in the presence of Rakesh Kumar, Superintendent (PW-- 9), who was also incharge of the raiding party.