DURGA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the trial court dated 3.7.1991 whereby the appellant has been convicted for the offence under section 8/18 of the Narcotic Drugs and Phychtropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act;) and sentenced to undergo 10 years rigorous imprisonment and also pay fine Rs. one lac, in default of payment of fine, further undergo 21/2 years rigorous imprisonment.

(2.) The prosecution case is that on 16.8.90, PW. 7 Heera Singh, S.H.O. Police Station Jawaja along with Dalpat Singh PW. 3 and Kishan Singh, PW. 6 were on round. While they reached at bus stand, the SHO Heera Singh, PW. 7 received a secret information from the informant that crushed capsules of pappy is being taken on camel back by one person. On that information, the SHO along with Dalpat Singh and Kishan Singh proceeded towards Dedata to Beawer road and on Dedata to Beawar road, they saw the accused appellant carrying 7 bags on camel back towards Beawar. He was stopped and was asked to disclose his identity. He was sitting on the camel and gave out his name as Durga Singh. The SHO further asked him that he wants to search the contents in bags which were in possession of the accused appellant and also told him that if he wants to be searched before a gazetted officer before search. He refused to go before any gazetted officer. Thereafter, the search was effected. 7 bags were found in possession of the appellant in presence of Mohtbirs PW. 1 Bhanwar Singh and PW. 2 Sukhdev. All these 7 bags were seized and seizure memo (Ex.P. 1) was prepared. The appellant Durga Singh was arrested and arrest memo Ex.P. 2 was prepared. Site plan (Ex.P. 3) was prepared. 7 samples were taken out of 7 bags and they were sealed. The accused along with the seized material were brought to Police Station Jawaja and FIR was lodged by Heera Singh, SHO (PW. 7). Thereafter, the statement under section 161 Crimial P.C. was recorded. The samples were sent to FSL. In FSL, after analysis, it is opined:-

(3.) Thereafter, the charge sheet was filed and as many as 7 prosecution witnesses were examined in the trial court. Statement of accused under section 313 Crimial P.C. was also recorded. He denied the charges and said that he has been falsely implicated by the prosecution. Considering the material on record, the trial court found guilty to the appellant for the offence under section 8/18 of NDPS Act. He has been convicted and sentenced as aforesaid.