JAGBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant appeal impugns the judgment dated December 2, 2000 passed by the learned Special Judge, NDPS Cases, Chittorgarh whereby the appellant was convicted under Ss. 8/18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') to suffer R.I. for 10 years and a fine of Rs. l.OO.OOO/- and in default to further suffer R.I. for two years.

(2.) The prosecution story runs as under : Mr. R. C. Kaushal, Superintendent, Central Narcotics Bureau, Branch Singoli, on receiving the information regarding transit of opium in a jeep, proceeded to the spot on May 15, 1998. During the course of Nakabandi, four persons namely Jagbir Singh, Om Prakash, Mukhtyar Singh and Narendra Singh were found sitting in a jeep. Search of jeep was conducted and in the cavity under the driver's seat of the jeep, opium weighing 8 kgs. and 600 gms. was found which was seized and sealed. The statement of all the four persons got recorded, they were arrested and complaint was filed against them under Ss. 8/18 of the NDPS Act in the Court of Special Judge, NDPS Cases, Chittorgarh. Charge under Ss. 8 / 18 of the NDPS Act was framed against the accused who denied charge and claimed to be tried. The prosecution in support of its case examined as many as six witnesses. The accused pleaded innocence in their statements under S. 313, Cr. P.C. The appellant got himself examined as D.W. 1 and stated that he was not the owner of jeep and falsely implicated in the case. Learned Special Judge on hearing final submissions, convicted and sentenced the appellant as indicated above and acquitted co-accused- Om Prakash, Mukhtyar Singh and Narendra Singh.

(3.) Learned counsel for the appellant canvassed that compliance of provisions contained in S. 42 of the NDPS Act was not made since information was communicated after conducting the search and seizure as is evident from the memo Ex. P-26A and the appellant is entitled to benefit of doubt. Reliance is placed on Kalua alias Laxman v. State of Rajasthan, reported in 2001 Cri LR (Raj) 546.