STATE OF RAJASTHAN Vs. BHUP SINGH @ BHUPAT SINGH

JUDGEMENT

(1.) The instant appeal has been preferred on behalf of the State of Rajasthan being aggrieved of the judgment dated 1.12.1989 passed by the learned Addl. Sessions Judge, Nohar is Sessions Case No. 31/1988 titled as State v. Bhupat Singh, whereby the respondent Bhup Singh alias Bhupat Singh was acquitted from the charge under Section 8/17 of the N.D.P.S. Act.

(2.) Briefly stated the facts necessary for the disposal of this appeal are that Mahaveer Prasad (PW-3), the S.I I.O., Police Station Bhirani is alleged to have received an information that the respondent herein had stored opium at his 'dhani'. The information was recorded in the memo Ex.P-6. Thereafter, the S.H.O. proceeded to the respondent Bhup Singh alias Bhupat Singh's 'dhani' and initiated the search proceedings. It is alleged that the respondent Bhup Singh alias Bhupat Singh was found present in the 'kotha' to the left side of the 'dhani'. The search of the 'kotha' was undertaken and it is alleged that a blue coloured suitcase was found therein. On opening the suitcase, two packets of opium like solid were found packed in plastic bags. On weighment, the packets were found weighing 750 gms. and 1 kg. and 100 gms. respectively. Another packet was found lying near the suitcase, in which, scales, weights etc., were packed. In the said packet also, some blocks of opium were concealed, which on weighment were found to be 650 gms. The total contraband was found to be weighing 2 kg and 500 gms. The Seizure Officer arrested the accused prepared the seizure memo Ex.P-1 and thereafter brought the accused to the Police Station, Bhirani, where, F.I.R. Ex.P-8 was registered.

(3.) After investigation, a charge-sheet was submitted against the accused for the offence under Section 8/18 of the N.D.P.S. Act. The case was committed to the Court of the learned Addl. Sessions Judge, Nohar, where charge was framed against the accused respondent for the offence under Section 8/17 of the N.D.P.S. Act. The accused respondent pleaded not guilty and claimed trial. The prosecution examined five witnesses in support of its case. The accused in his statement recorded under Section 313 Cr.P.C. denied the allegations of the prosecution and pleaded that the 'dhani' from where the recovery was effected was of his father Sanwant Singh. His father and five brothers lived in the 'dhani' jointly. Ram Swaroop (DW-1) was examined as a defence witness.