BIHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 24-5-1995 of the Special Judge, N.D.P.S. Case, Udaipur whereby the accused-appellant Bihari Lal was found guilty under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") and was awarded a sentence of 10 years' R. I. and a fine of Rs. One Lac. In default, he has been ordered to further undergo R.I. for a period of two years.

(2.) The facts, in brief, are that the personnel of the Central Narcotics Bureau, Udaipur were given some secret information and on the basis of the said information, a bus bearing No. RJ 14-P/2284 coming from Chittorgarh was stopped at Karanpura cross-roads at 10.30 a.m. The driver and the conductor of the bus were requested to act as "Motbirs" and thereafter, a search was made, during which, the accused-appellant Biharilal, who was travelling on seat No. 29 was searched. He allegedly was carrying a bag which was found in his lap and the bag yielded 4 Kg. opium. Two samples weighing 24 grams each were separated and sealed on the spot and the recovery memo and other documents were prepared. The accused-appellant was arrested and the F.I.R. was registered.

(3.) It is not in dispute that during search of the said bus, a recovery of illicit opium was made from four other passengers also and in all, five persons were arrested and challans were filed separately against all of them. The appellant was charged under Sec. 8/18 of the N.D.P.S. Act and he pleaded not guilty. P.W. 1 Kalyan Singh (Conductor of the Bus), P.W. 2 Rakesh Bhargava (Sub-Inspector, Narcotics Bureau), P.W. 3 Satya Narain (Driver of the bus), P.W. 4 Prem Raj Rathore (Sub-Inspector, Narcotics Bureau), P.W. 5 Roshan Lal Sharma (Superintendent, Narcotics Bureau), P.W. 6 Deep Singh (Constable, Narcotics Bureau), P.W. 7 Durga Lal Sharma (Constable, Narcotics Bureau) P.W. 8 N. L. Mitoulia (Inspector, Narcotics Bureau) and P.W. 9 Satish Kumar were examined by the prosecution. No defence was led by the accused-appellant. Learned trial Court then heard the arguments and delivered the judgment on 24-5-95 whereby the accused-appellant was found guilty and sentenced in the aforementioned manner.