KHANGARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S.B. Criminal Appeal No. 44/1989 has been preferred by Khangara son of Pokar resident of Kotra to assail judgment of conviction dated 16.1.1989 along with the order of sentence of even date whereby the appellant was sentenced to undergo ten years rigorous imprisonment and pay a fine of one lac rupees, in default thereof, to undergo one year rigorous imprisonment under Section 18 of N.D.P.S. Act.

(2.) On 3.3.1987, Ram Lal (PW-8) was posted as S.H.O. P.S. Bagoda. Police Chowki, Narsana was under his jurisdiction. He had gone thereon that day in relation to performance of his duties, while present there, he received, an information, from informant, that one Bishnoi, who was wearing angochha (headgear) is selling opium and is1 going towards tube-well of Lal Singh. Ram Lal, S.H.O. (PW-8) made entry in the 'rojnamacha', constituted a raiding team which included Narayan Singh, Head Constable Ram Singh, Girdhargar and Dhan Singh, driver of the Government vehicle. He proceeded towards tube-well of Lal Singh. On reaching there, he spotted person as per the marks of identification and description given by informant. The person so described, was apprehended. At that time, Pratap Singh 'motbir' (PW-4) was present there. In presence of independent witness (PW-4) and Constable Ram Singh (PW-5), headgear of the person apprehended was taken into possession. From the headgear (angochha) one pouch of opium was found. In the presence of the witnesses, the pouch was smelled and tasted. Opium was found and the same was weighed and found 180 grams. 30 grams of opium was taken as sample and was sealed. The separate recovery memo was prepared. Recovery memo was prepared in the presence of witnesses. The rough-sketch of the spot was prepared which is exhibited as Ex.P-8. Accused was arrested. Memo of search and seizure (Ex.P-5) was prepared. First Information Report was prepared and sent to Bagoda Police Station for registration of case through Constable Girdhargar.

(3.) Ram Lal (PW-8) after effecting arrest, interrogated the present appellant Khangara. He suffered a disclosure statement that he had kept 1 kg. 450 gms. of opium in two different pouches in one bag of urea fertilizer in the field of Jiya Bishnoi and he himself can go to spot, and after digging pit, can get the opium recovered. The disclosure statement is exhibited as Ex.P-12. In the Government jeep, along with companion police officials and the accused, Investigating Officer reached at the place disclosed, independent witness Gulab Singh was also joined. Accused took police party at the place specified and removed earth, from a fresh dug pit and got recovered one bag of urea fertilizer. Bag was tied with a small rope (suthli). After opening the bag, Investigating Officer found opium in two pouches. The same was smelled and tasted. From the one pouch, on weighment, 1 kg. opium was discovered out of which 30 gm. was taken as sample for chemical examination. From the second pouch, 450 gms. of opium was recovered, out of which 30 gms. was taken as sample for the purpose of chemical examination. Necessary procedure for search, seizure and drawing samples was followed. The rough-sketch of the spot was prepared which is exhibited as Ex.P-9. Along with accused, contraband recovered, and samples drawn, Investigating Officer reached Police Station. A direction was given that the three sample packets for chemical examination be handed over to Chima Ram. Contraband recovered and samples were entrusted to Bhanwar Singh for deposit in Malkhana in the presence of Prem Singh. Also, house of accused was searched but nothing was recovered.