KISHANLAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant challenging the judgment dated 15.4.1989 passed by the learned Sessions Judge, Sri Ganganagar in Sessions Case No. 42/87 convicting the appellant for the offence under Section 8/18 of the N.D.P.S. Act and sentencing him to 10 years R.I. And a fine of Rs. One Lakh, in default of payment of fine to further undergo six months R.I.

(2.) A complaint was filed by one K.L. Kohli, Inspector of the Customs and Central Excise Department, Sri Ganganagar in the Court of the learned Chief Judicial Magistrate, Sri Ganganagar on 18.6.1987. As per the allegations levelled in the complaint, on 22.11.1986, Arjun Lal Tulsiani (PW-2) was posted as the Superintendent of Customs and Central Excise Department, Sri Ganganganagar. During some other proceedings, he allegedly received an information regarding concealment of opium by Kishan Lal Jat, resident of village Munda, Tehsil Hanumangarh. Arjun Tal Tulsiani (PW-2), the Superintendent of the Customs and Central Excise Department, Sri Ganganganagar in turn issued a search warrant Exhibit P/3 in the name of Inspector K.L. Kohli. Thereafter, he collected a team of his inspectors and proceeded towards Hanumangarh Town at about 8 O' Clock in the morning. The Superintendent was allegedly assisted by a team of Inspectors namely K.L. Kohli, one Alaxender and one Mr. Verma and other departmental officials. It is alleged that the team reached at a house at Hanumangarh Town, wherein, the appellant had taken a room on rent. The owner of the house was alleged to be some other person who resided elsewhere. When the raid party entered in the room, the appellant was found there and another person namely Gurtej Singh was also present in the room. The Superintendent alleged that the search of the room was taken by his staff in his supervision, on which, a polythene bag was recovered from inside the tin meant for storing 'atta' (wheat flour). When the polythene bag was opened, opium weighing 1 kg and 900 gms was recovered. The accused allegedly gave an information to the raid party that more opium was concealed in his house at village Munda. As per Para No.5 of the complaint, the accused dug up the mud floor outside the room and got recovered another polythene bag containing opium. As per Para No.8 of the complaint, the raid party proceeded to village Munda and got recovered opium in two polythene bags from the courtyard of his house which on weighment was found to be 1 kg and 700 gms. On tasting and smelling, the recovered article was suspected to be opium. Samples of 30 gms. each were taken from the seized opium and sealed and remaining article was also sealed. The Panchnama Ex.P-1 was prepared. Samples of 30 gms. each were drawn from the said opium also and packed. Ultimately, the accused was arrested on 24.11.1986 and after usual investigation, a complaint was filed against him for the offence under Section 8/18 of the N.D.P.S. Act.

(3.) At the trial charges were framed against the appellant for the offences under Section 8/18 and 21 of the N.D.P.S. Act. The accused pleaded not guilty and claimed trial. The prosecution examined as many as six witnesses in support of its case. The accused in his statement under Section 313 Cr.P.C. denied the allegations of the prosecution and claimed that at his residence of Munda apart from himself his three brothers and father lived jointly and thus the house was of joint possession. He denied that any opium was recovered from the Nohra. He did not choose to produce any witness in defence. The learned trial Judge, however, proceeded to hold that both the recoveries; one from the room at Hanumangarh and the other from the village at Munda were duly proved as having been effected from the appellant and accordingly the appellant was convicted and sentenced for the offence under Section 8/18 of the N.D.P.S. Act as stated above. Hence, this appeal.