HAR LAL Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 Cr.P.C. has been preferred praying for the following reliefs:-

(2.) This Criminal Appeal has been preferred against the judgment, dtd. 6/9/1989, passed by the learned Addl. Sessions Judge, Barmer in Criminal Case No. 24/88 whereby the appellant was convicted for the offence under Sec. 20(ii) of the NDPS Act, 1985 ("the Act of 1985") and was sentenced to 10 years R.I. along with a fine of Rs.1.00 lakh, in default of payment of which he was to further undergo 1 year R.I.

(3.) Brief facts of the case as placed before this Court by the learned counsel for the appellant are that on 24/9/1987 Bhera Ram, Head Constable at Police Station, Gudamalani along with two other officers, Shobh Isngh and Dedaram arranged a blockade at Ghandhav Pul, Gudamalani, Barmer whereby at about 10:15 a.m. upon conducting a search of a bus, bearing vehicle No. RRG 8701, which was travelling from Barmer to Sanchore reached Ghandhav Pul, a passenger, Har Lal, was found to be carrying his person a green bag in which 6 cakes of charas were found wrapped in 4 plastic bags, and that the search was conducted in the presence of motbirs. And that, the accused-appellant Har lal did not have a permit for the same. And that, upon being weighed it was found to be of 6 kgs. from which a two samples of 30 gms. each were collected and sent for F.S.L. while the rest of the contraband was sealed. And that, the accused-appellant was apprehended and taken into custody. Upon the investigation being complete, charge sheet was filed against him for the offences under Ss. 21, 22 and 29 of the Act of 1985.