BABUL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) This Criminal Appeal has been preferred against the judgment, dtd. 9/4/1990, passed by the Sessions Court, Pratapgarh whereby the appellant were convicted for the offence under Ss. 8/18 of the N.D.P.S. Act, 1985 and were sentenced to undergo 10 years R.I. along with a fine of Rs.1.00 Lakh, in default of payment of which he was to undergo further 2 years R.I.

(3.) Learned counsel for the appellant submits that it is the version of the prosecution that an alleged recovery of 1.300 k.g. morphine was made from the appellant on 12/4/1988 in the morning hours of Rajpuriya Barrier on the Mandsore-Pratapgarh Road from the dicky/toolbox of a motor cycle. And that, it was alleged that the appellant was seen coming towards nakabandi conducted by P.W. 7 Inspector, Narcotics-Neemach, Shri Surendra Sharma while he was on patrolling duty and apprehended the appellant while he was driving his motorcycle, bearing vehicle No. RNJ-7723, towards Pratapgarh and made the recovery of morphine of 1.3 kg from a bag weighing 200 gms. And that, the sample of 10 gms. was taken from the contraband and the remaining 1.290 kg crude morphine was sealed. Thereafter, the report, at Ex. P/4, was lodged with P.W. 3 Basant Kumar Mogra, the District Opium Officer, Pratapgarh.