TARSEM KUMAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under section 374 Cr. PC is directed against the judgment of learned Sessions Judge, Chittorgarh Camp Nimbahera dated 30-5-88 in sessions case No. 54/86, where by the accused appellants Tarsem Kumar, Davendra Singh and Indrajeet have been convicted under section 8/18 of the N.D.P.S. Act, 1985 and sentenced each of them to 10 years R.I. and to pay a fine of Rs. 1 lakh and in default of payment of fine to undergo further 1 year's R.I.

(2.) Briefly stated the facts of this case are that on the information received on 10-6-86 that one truck No. DEL 3097 carrying 85 kgs opium was going to Delhi, PW 8 Prakash Chand Dbyani, Sub-Inspector, Narcotics with his preventive force left Neemach in jeep and reached at 1.15 a.m. at Nimbahera Municipality Checkpost No. 5. It was found that railway gate was closed where a truck No. DEL 3097 was standing, wherein three persons were sitting The truck was having 12.875 metric tonne load goods which were unloaded in the presence of motbirs and in the floor of the truck from a secret chamber 18 raxine bags were found. Each bag had 4.750 kg. of opium and in all 85.500 kgs. opium was recovered. Samples of 30 gms. each were taken from every bag and after taking them, two samples of 500 gms were prepared and sealed. Rest of the opium was also sealed and seized under section 8/18 of the N.D.P.S. Act, 1985. Accused appellants were arrested at spot. Panchnama Ex.P 1 was prepared on the site, Naksha Mauka (map of the site) Ex.P 2 was also prepared. Search memos of the three accused persons Ex.P 3 of Tarsem Kumar Ex.P 4 Davendra Singh and Ex.P 5 Inderjeet were prepared. Opium and truck No. DEL 3097 were seized vide Ex P 8 and Ex.P 9 respectively. Thereupon FIR Ex.P 11 was filed by PW 8 Prakash Chand Dhyani of the incident which was registered as Ex.P 12 and was sent to M J.M., Chittorgarh on 11-6-86. The samples were sent for examination with one Lalsingh an employee of Narcotics Dept, with a forwarding letter Ex.P 7 on 16-6-86 and the same were received at Neemach Government Opium Works vide receipt Ex. P 6. On chemical examination 6.82 morphin was found, in samples vide report Ex. P 18 dated 3-8-86. Ex.P 19 sample seal was put on the sample. During the investigation statement of Gopichand motbir was recorded vide Ex.P 10, statement of Prakash Chand Dhyani was recorded vide Ex.P 13, statement of Ashraj, Narayan, Lalchand and Virendra Kumar were recorded vide Ex. 14, 15, 16 and 17 respectively. A challan under section 8/18 was filed against all the accused appellants in the court of concerned Magistrate and they were committed to the court of Sessions Judge. Charge under section 8/18 was framed against the appellants. The appellants stated that they were wrongly arrested as seized opium was recovered from another Iruck, and the appellants pleaded not guilty and claimed trial. The prosecution in support of its case examined PW 1 Bhagwan Sahai, PW 2 Bheru Singh, PW 3 Lalsingh, PW 4 Gopichand. PW 5 Kalusingh. PW 6 Madanlal, PW 7 Dhirendra Kumar, PW 8 Prakash Chand and PW 9 Gulraj Bhatia. In defence the appellants produced DW 1 Narayan and DW 2 Hukmichand The learned Sessions Judge after due trial sentenced the accused appellants as stated above. Hence, this appeal.

(3.) I have heard Mr. Garg, learned counsel for the appellants who assailed the judgment passed by the learned court below on various grounds, and also Mr. Bhati, learned Public Prosecutor who has supported the judgment and submitted that the appellants have been rightly convicted and sentenced. I have also perused the record and relevant case law.