DASHRATH SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant Dashrath Singh has preferred this criminal appeal against the judgment of conviction and order of sentence dated 2nd Aug., 2000 passed by the Special Judge NDPS Act Cases, Jaipur whereby the learned Special Judge found the accused appellant guilty of having committed offence under Sec. 8/21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as 'the Act') and accordingly, convicted him for the said offence and sentenced him to undergo rigorous imprisonment for 10 years with a fine of Rs. one lac, in default thereof, to undergo simple imprisonment for two years.

(2.) On 24.6.2001, PW11 Dinesh Sharma, Station House Officer, Police Station, Sodala, Jaipur received secret information to the effect that the appellant is trying to sell smack and is in search of some customer and is standing at the corner of the road moving towards Sushilpura School. After recording the information in the Rojnamcha, and having sent copies thereof to the Circle Officer and the Superintendent of Police, the SHO along with police party and two motbirs left the Police Station and reached the place as informed by the informer. On seeing the police party, the appellant tried to escape. However, the police encircled him and warned him to stop. On being informed the appellant of his legal right to have his search conducted either in the presence of a Gazetted Officer or the Magistrate, the appellant gave his consent in writing to have his search conducted by the Circle Officer. Thereafter, under the instructions of Circle Officer PW4 Ramanand, Head Constable took the search of the person of appellant in the presence of Circle Officer and recovered one plastic packet from the right pocket of his trouser. The recovered packet was found to be contained with smack weighing 203 grams (along with plastic packets). He then took two samples of 10 grams each, prepared the search and seizure memo, and sealed the samples and remaining smack in separate packets. He arrested the appellant and recorded the statements of witness.

(3.) After completion of entire formalities as to the investigation, the appellant was charge sheeted. The learned trial court on the basis of the evidence and material collected during investigation and placed before it, framed charge under Sec. 8/21 of the Act. The accused denied the charge and claimed trial.