SALAG RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by Salag Ram Bairagi against the judgment dated 5-5-98 delivered by the Sessions Judge, Pratapgarh in the capacity of Special Judge, NDPS Cases.

(2.) According to the prosecution story on 13-8-95 the SHO, Police Station, Arnod, Dist. Chittorgarh, received a secret information to the effect that the accused-appellant Salag Ram and his associates were likely to return after purchase of opium from Pushkar Ram. The information was recorded by the SHO and thereafter he proceeded to the place situate at Mandawara-Dewaldi Road during the 'Nakabandi' the appellant along with Ismile alias Poona came on a motor-cycle at about 3 p.m. The police party signalled the motor-cycle to stop but it did not stop and during the chase Ismile was able to make his escape good whereas the appellant-Salag Ram was nabbed. He was told about the secret information and was given the option of his search in the presence of a Magistrate or a Gazetted Officer but he opted for the search by the police. He was carrying a bag in his hand which contained opium weighing 2 Kg. and the same was recovered. Two samples of 30 gms. each were separated and sealed on the spot. The recovery memo and other documents were prepared. The accused-Salag Ram was arrested, who disclosed that they had purchased the opium in question from Pushkar Ram. During the investigation Pushkar Ram was also arrested. Challan was filed against the appellant and Pushkar Ram in their presence and Ismile alias Poona and Prabhulal were declared absconders and against them the challan was filed under Section 299 of the Cr. P.C.

(3.) Pushkar Ram was discharged and the appellant was charged under Section 8/18 of the NDPS Act. He pleaded not guilty. The prosecution examined as many as seven witnesses. No defence evidence was led. The learned trial Judge heard the arguments and delivered the judgment on 5-5-98 whereby the appellant was found guilty for the said offence and was awarded 10 years' rigorous imprisonment and a fine of Rs. 1 lac. For non-payment of fine he was further awarded six months' rigorous imprisonment.