NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-Narayan against a judgment dated 10.5.1999 delivered by the learned Special Judge, N.D.P.S. Cases, Bhilwara.

(2.) The prosecution story, in nut-shell, is to the effect that on 12.3.1997 at 3.30 p.m., a secret information was received by the S.H.O. Police Station, Hameergarh Dist. Bhilwara to the effect that some one on a 'Motor Cycle' bearing No. RJ30-M/0704 was likely to come from Chittorgarh for going to Bhilwara along with contraband opium. The S.H.O. PW-13 Manjeet Singh prepared a Memo u/s. 42 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the Act of 1989') and PW-3 Kailash Chandra Constable was despatched to inform the Circle Officer Rustam Ali (PW-14) about the said information. Subsequently, the SHO Manjeet Singh along with the other police personnel proceeded towards 'Bardoud Chouraha' and a 'Naka Bandi' was carried there. At about 4.30 p.m., the accused appeared at the palce of 'Naka Bandi' riding a Motor Cycle and was stopped. He allegedly was given a notice u/s. 50 of the Act of 1989 and he consented to be searched by the S.H.O. in the presence of PW-14 Rustam Ali, Dy.S.P. Manjeet Singh thereupon proceeded to search the motor cycle and the two tool boxes on the left and right sides of the motor cycle yielded one polyethlyene bag each containing opium. Thereafter, the petrol tank of the motor cycle was also searched and a rubber tube containing opium was found inside the petrol tank. The weighing scales were brought from nearby tea shop of PW-4 Ashok Kumar and the total weight of the recovered opium was found to be 3 Kg. 110 grams. The recovery memo and other documents were prepared on the spot, the accused was arrested and was taken to the Police Station where an FIR was lodged by Manjeet Singh. The samples which were allegedly taken and sealed on the spot, were sent for chemical examination to the Forensic Science Laboratory at Jaipur. According to the chemical report Ex.P/17, the material examined was found to be coagulated juice of opium poppy having 2.18% morphine in it.

(3.) The accused-appellant pleaded not guilty to the charge u/s. 8/18 of the Act of 1989. Fourteen witnesses were examined by the prosecution. None has examined by the accused. The accused denied the whole story and contended that he was arrested in Bhilwara and therefrom he was taken to the Police Station. The learned trial Judge then heard the arguments and delivered the judgment on 10.5.1999 whereby the accused-appellant was found guilty of the said charge and was awarded R.I. for 10 years and a fine of Rs. 1 lac. On account of non-payment of the said fine, additional rigorous imprisonment for six months was awarded. Against this judgment, the present appeal has been preferred.