ALI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred on behalf of the appellant Ali Khan challenging the judgment dated 29.6.1990 passed by the learned Addl. Sessions Judge, Barmer in Sessions Case No. 48/1989, whereby, the appellant was held guilty for the offences under Sections 20(ii) and 22 of the N.D.P.S. Act and was sentenced for ten years' R.I. along with a fine of rupees one lac and in default of payment of fine to further undergo 2? years' R.I.

(2.) As nobody appeared on behalf of the appellant, the Court heard the appeal with the assistance of the learned Public Prosecutor.

(3.) Briefly stated the facts necessary for the disposal of this appeal are that the S.H.O., Police Station Sadar, Barmer Shri Vishnu Lal (PW-6) is said to have received an information on 27.4.1989 that the appellant would be carrying contraband charas on the Tirsingadi Road. The S.H.O. informed the Circle Officer, Barmer over phone and thereafter formed a raid party and kept vigil at the 'Harsani Fanta'. All the police officials conducted 'nakabandi' at a distance of about eight kilometers from the 'Harsani Fanta'. It is alleged that at about 11.30 A.M., a Muslim man was seen coming from the mud road of the village Tirsingadi. He was stopped by the S.H.O. and on enquiry he disclosed his name to be Ali Khan, the appellant herein. The S.H.O. allegedly gave an option to the accused to be searched before a Gazetted Officer, but, the accused replied that the S.H.O. could search him. Thereupon, the S.H.O. proceeded to conduct the search of the accused. On the search so being made, it was found that a terry-cotton cloth (Tahmal) was seeing over the left shoulder of the accused. The terry-cotton cloth was removed from the accused's person and on opening and searching the same, 200 gms. of 'charas' like contraband was found. A sample of 30 gms. was taken out from the recovered contraband and both the remaining contraband as well as the samples were sealed in a white cotton cloth. The accused was arrested and the seizure memo was prepared. Thereafter, the police party proceeded to the Police Station, Sadar, Barmer where, an F.I.R. No. 89/1989 was registered.