BIHARI LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants were accused on the file of learned Special Judge, Narcotic Drugs And Psychotropic Substances Cases, Pratapgarh bearing sessions case No. 23/2000. They were convicted and sentenced vide judgment dated Sept. 29, 2001 under section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Narcotic Drugs And Psychotropic Substances Act, 1985) each to suffer rigorous imprisonment for twelve years and to pay a fine of Rs. 1,50,000.00 in default, to further suffer rigorous imprisonment of three years. It is the prosecution case that on receiving a secret information on May 5, 2000, S.H.O. Police Station Pratapgarh alongwith police officials proceeded to the spot. Around 9.50 a.m. a motorcycle was seen coming from towards Dhamliya on which two persons were sitting. Biharl Lal was driving the motorcycle whereas Devi Singh was sitting on the rear seat. Devi Singh was holding a plastic bag in his hand and a plastic bag was found tied to the abdomen of Bihari Lal. On being searched, brown sugar weighing 1 kg was found from the plastic bag and the same contraband weighing 1 kg was found tied to the abdomen of Bihari Lal. Necessary memos were drawn. Accused persons were arrested and on completion of investigation, charge-sheet was filed. The prosecution in support of its case examined as many as 17 witnesses. In their statement under section 313, Cr. P.C. appellants claimed innocence. No witness in defence was however examined. On hearing the final submissions, learned trial Judge convicted and sentenced the appellants as indicated herein above.

(2.) Main contention advanced on behalf of the appellants is that provisions contained in section 50 of the Narcotic Drugs And Psychotropic Substances Act were not followed, therefore, very foundation of the prosecution case is illegal and appellants could not be convicted and sentenced.

(3.) Per contra, learned Public Prosecutor supported the impugned Judgment and contended that appellants were given option under section 50 of the Narcotic Drugs And Psychotropic Substances Act and no interference is called for.