RAJU ALIAS RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal was directed to be registered on the basis of the letter written by the accused-appellant Raju @ Rajendra, forwarded through the Superintendent of Central Jail, Bharatpur. The accused-appellant has been convicted by the learned Special Judge (NDPS Cases), Sessions Court Bharatpur (hereinafter referred to as the 'trial court') in Sessions Case No. 10/2004, for the offence under section 8 read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as the 'said Act'), and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay fine of Rs. 1,00,000/-and in default thereof to further undergo rigorous imprisonment for a period of one year.

(2.) The case as unfolded by the prosecution and accepted by the trial court is that on 4.11.2003 at about 1.30 PM, the SHO Shri Rameshwar Prasad of Atalband Police Station received a secret information, which was forwarded to his superior officer under Sec. 42(2) of the said Act. On the basis of the said information, the said SHO Shri Rameshwar Prasad, after following the other formalities, went to the Heeradas Bus Stand, with his team members. In the meantime, the said superior officer, the Circle Officer Shri Satyendra Pal Singh also, arrived there. As indicated in the said secret information, they found one person present, near the booking window of the said bus stand. On being asked, the said person told his name to be Raju @ Rajendra son of Shri Jankidash Bairagi resident of Pandi Sheopur (MP). After giving the requisite notice under section 50 of the said Act, his personal search was conducted, and he was found to have possessed three bars (cakes) of contraband substance wrapped in a shawl, which was kept in a bag carried by him in his hands. The said substance was suspected to be 'Charas'. The said three bars were weighed with the scale and the total weight of the same was found to be 1.505 Kg. Out of the said three bars, 50 gms of substance was taken as sample and packed, sealed and marked as Mark-A/1, and another quantity of 50 gms was taken as control sample which was also packed, sealed and marked as A/2. The rest of the quantity weighing 1.405 Kg was also packed, sealed and marked as Mark-A. After following the due procedure, the said accused alongwith the seized articles was taken to the police station and arrested for the offence under section 8/20 of the said Act. The FIR was also lodged against him and was registered as C.R. No. 172/2003 at Police Station, Atalband, for the offence under section 8/20 of the said Act. The seized articles and other documents were handed over to the SHO, Police Station, Mathura Gate, Bharatpur, who deposited the sealed articles in the Malkhana. The packets of the sample mark A/1 deposited with the Malkhana in sealed condition was sent to the FSL for examination, and the chemical analyser after examining the same had opined that the sample contained in the packet Mark-A/1 was found to be of 'Charas'.

(3.) The investigating Officer after carrying out necessary investigation submitted the chargesheet before the trial court, which was registered as the Sessions Case 10/2004 against the accused. The prosecution examined as many as 12 witnesses and also produced number of documentary evidence in support of its case. The statement of the accused was also recorded under section 313 Cr.P.C. wherein he denied allegations levelled against him and further stated that he was falsely implicated in the case. The trial court after appreciating the evidence on record, convicted and sentenced the accused as stated hereinabove. Being aggrieved by the said judgment and order passed by the trial court, the accused has preferred the present appeal through jail.