BHINYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD. Perused the case diary as well i \s the challan papers in extenso.

(2.) THE S. H. O. Police Station, Nimbahera has filed a challan against the present petitioner for the offence punishable under Section 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short the Act) in the court of Special Judge, N. D. P. S. Act, Cases, Pratapgarh. THE allegation against the present petitioner is that during interrogation of the principal accused Amba Lal, it was transpired that the latter was carrying 361. 500 kg. of opium, out of which 13 kg. of opium was to be delivered to petitioner Bhima, but the same could not be delivered to him, because in the encounter with the police party he got injured and his jeep carrying the said contraband article was seized. However, from this possession a slip, wherein there was a mention of "bhima 13 kg. of opium was recovered. THE another incriminating evidence against petitioner Bhinya Ram is that he in his interrogation made by the S. H. O. , Police Station, Nimbahera had informed that he used to send for the opium, that accused Amba Lal was the carrier of such contraband articles and that due to Police encounter on 2. 5. 1993, the consignment of opium to be delivered to him, could not reach.

(3.) BESIDES this, in Khalid vs. State (2), it has been held that a confession made before the police officer in an N. D. P. S. Act case by an accused is not admissible against a co-accused person and that such confession may be relevant only against the maker of such statement.