GYAN CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal under Section 374, Cr. P.C. against the judgment and order dated 29/05/1922 passed by Sessions Judge, Jaisalmer in Sessions Case No. 6/91 whereby the appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1989 and he has been sentenced to 10 years rigorous imprisonment and a fine of Rupees 1,00,000/- and in default to undergo further rigorous imprisonment for period of 2 1/2 years.

(2.) On 30/03/1988, Circle Inspector Mr. Pratap Singh of Sadar Kotwali, Jaisalmer received a source information that the appellant keeps unauthorised opium and sells it, the opium was available in his house; in case search is taken immediately, opium can be recovered. Having received this source information, Mr. Pratap Singh recorded above information in Ex. P-10 and proceeded by a jeep to the house of the appellant along with other persons viz. Jeev Prakash P.W. 3, Dal Singh P.W. 4, Ghewar Singh and other constables. The appellant was searched by Mr. Pratap Singh in presence of motbirs Kheta Ram and Palekar. In this search, 350 grams opium was recovered from the room adjacent to the kitchen in the house of the appellant and this opium contained in a black bag in a bedroll. 30 gms. opium out of the 350 gms. was taken for the sample and the rest was placed in sealed cover according to the seizures and the search memo. Thereafter, case was registered, the appellant had been arrested on spot; the sample of the material was sent to F.S.L. and it was reported that the sample contained 2.8 percent morphin.

(3.) On completion of the investigation, the challan was filed in the Court of Chief Judicial Magistrate, Jaisalmer, it was committed to Addl. Sessions Judge and the trial was conducted by the Sessions Judge, Jaisalmer according to new jurisdiction.