SHOBHA RAM Vs. STATE OF RAJ

JUDGEMENT

(1.) The accused appellant, by way of present appeal, filed under Section 374 Cr. P.C. has challenged the legality and validity of the judgment of conviction and the order of sentence dated 12th of November, 2003, passed by the Special Judge, NDPS Act Cases, Chhabra, district Baran,(hereinafter referred to as the 'trial court'), in Sessions Case No. 7/2003, whereby the trial court has convicted the appellant-accused for the offence under Sec. 17 read with Sec.8 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the said 'Act'), and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00,000/-, in default thereof to undergo further imprisonment for a period of six months.

(2.) As per the case of the prosecution before the trial court, a team was constituted at the office of Dy. Narcotic Bureau, Kota, on 13.7.2002 for conducting search of suspected persons and vehicles. Accordingly, the members of the said team headed by the Superintendent Mr. M.C. Vijay had left Kota for Eklera. On 14.7.2002, at about 8.30 a.m. the said team members had reached to Chhipa Barod Road and were carrying out the checking of the vehicles. At that time, one jeep bearing the Registration No. RJ-28-P-0371 came from the Chhipa Barod side, driven by a driver and carrying one passenger. The said jeep was intercepted by the Inspector Shri Niranjan Guru. One another motor bike coming behind the said jeep was also stopped. The two persons riding on the said motorbike were requested to act as independent witnesses as the said jeep was to be searched. It was further case of the prosecution that on being asked, the driver of the jeep disclosed his name to be Shobha Ram s/o Prabhu Lal and the passenger disclosed his name to be Mohd. Ibrahim Mansoori. After giving the said two persons the notices under Section 50 of the said Act,the Inspector Sh. Niranjan Guru, carried out their personal search, however, no incriminating article was found from them. Thereafter, the checking of the said jeep was carried out and one secret chamber, on the back side of the right seat of the jeep was found. The said secret chamber was got opened through the said driver Shobha Ram and ten packets kept in a bag were found lying therein. After taking out the said ten packets, the weight was carried out and the total weight of the said ten packets was found to be 5.210 Kg. The substance contained in the said packets was suspected to be Heroin. Thereafter the samples, each weighing 5 grams from each of the said ten packets, were taken separately and then sealed by giving marks and were accordingly seized. As per the further case of the prosecution, after the drawing up of necessary Panchnama, map and preparing other documents on the spot, the said two persons Shobha Ram and Mohd. Ibrahim were arrested and an F.I.R. bearing Case No. 6/2002, was registered against them at the office of Narcotic Bureau, Kota. The report about the arrest of the accused and the seizure of the articles was sent to the Special Judge, N.D.P.S. Act, Chhabra district Baran. Thereafter the Inspector Sudhir Yadav was appointed as Investigating Officer. The said Mr. Sudhir Yadav carried out the investigation partly, and on he having proceeded on leave, the Inspector

(3.) It further appears that during the course of investigation, the sample articles were sent to the F.S.L. and as per the report of the Chemical Examiner, all the ten samples by qualitative and quantitative analysis were found to be 'Morphine' within the meaning of the said Act. It further transpires that after the completion of the investigation, the Investigating Officer had submitted the charge sheet against said Shobha Ram, who was the driver of the jeep in question and against his father Prabhu Lal, who was the owner of the said jeep, however,further submitted that there was no offence found to have been committed by the accused Mohd. Ibrahim Mansoori. Hence the said accused Mohd. Ibrahim Mansoori was discharged by the trial court vide order dated 6.3.2003. The charge was thereafter framed against the accused Shobha Ram for the offence under Section 21 read with Section 8, and against the accused Prabhu Lal for the offence under Section 25 read with Section 8 and under Section 27 read with Section 8 of the said Act. Both the accused pleaded not guilty and claimed to be tried. Therefore the trial was conducted against them.