MURLI MANOHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) Cr. P.C. is directed against the judgment and order dated 9.11.2000 passed by the learned Special Judge, NDPS Cases, Jhalawar by which the learned Special Judge convicted accused appellant Murli Manohar under Sec. 8/21 of the Narcotic Drugs and Pshychotrophic Substances Act, (for short the "Act") and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs. one lac, in default of payment of fine, to further undergo rigorous imprisonment for one years.

(2.) The marital facts of the prosecution case in nut shell giving rise to this instant appeal are as follows:

(3.) On 28.2.2000 at around 10.15 A.M. PW2 Prem Shankar Meena, SHO Police Station, Aklera received information from informant that one boy of Meena community is standing in the Fair ground, Aklera having smack with him, which was kept in the sat of his Hero Honda Motor Cycle. Having received the information and after reducing it in writing, the SHO along with police officials rushed to the mela ground, he found one boy sitting on a motor cycle and was waiting for some one. On enquiry, the boy disclosed his name as Murli Manohar S/O Kalyan Meena. The SHO then informed him of his right to get his search conducted either in the presence of any gazetted officer or the SHO himself. Thereafter, he conducted search of the appellant and the motor cycle. In the course of search, the SHO recovered brown coloured powder lying in a polythene cover kept beneath the seat cover of motor cycle. On smell it was found to be smack an d that accused himself also admitted it to be smack. On getting it weighed, it was found to be 17 grams and 800 ml -grams. He then took sample of the smack weighing 5 grams and sealed the same. The remaining smack was also sealed in a separate packet. The packets were deposited in the Malkhana.