ASHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Appeal u/s 374 (2) Cr. P. C. is directed against the judgment and order passed by Additional District & Sessions Judge, Rajsamand in Sessions Case No. 12/87 on 11. 9. 1990 whereby the appellants were convicted u/s 8/17 of Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to 10 years Rigorous Imprisonment and a fine of Rs. 1,25,000/- (Rs. One Lac, Twenty Five Thousand) each and in default to further undergo 2 years, 6 months R. I.

(2.) ACCORDING to the case of the prosecution, Inspector of Chittorgarh namely; Shri Madanlal Meena had instructed the Sub- Inspector, Shri Prabhat Kumar Rai of Central Narcotic Bureau, Jodhpur on 5. 8. 1986 that he may reach Matrikundaya Road while checking vehicles from Jodhpur. ACCORDINGly, Sub-Inspector, P. K. Rai proceeded with the checking party. While checking the vehicles at 11. 45 a. m. on 6. 8. 86 on the Ghati near Village Selaguda a Motorcycle No. RJE 1948 was noticed while coming from Ameth. Two persons were found on this motorcycle who are the accused-appellants and in a tin container at the back of this motor cycle two bags were found containing substance which gave smell and taste like Opium as per the Sub-Inspector and members of the checking party in presence of the Motbirs. One bag was containing 10. 400 Kg. and the other bag was containing 3. 300 Kg. Opium. For the Chemical Examination 25 gms. of the substance was taken out from each of the two bags separately and the same were sealed and the rest of the Opium was also sealed.

(3.) P. W.-2 Mohammad Rehan, Constable in the Narcotics Department, Jodhpur has stated as under: ************