BHAIYAN @ SHIV MURTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal by accused-appellant Bhaiyan @ Shiv Murti arises out of the judgment and order dated 20.11.1999 passed by the Special Judge, NDPS Cases (Additional Sessions Judge), Ramganjmandi, Kota, whereby the learned Special Judge has found the accused-appellant guilty of having committed offence under Section 8/18 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 further undergo simple imprisonment for two years.

(2.) THE facts relevant for the purpose of disposal of this appeal may be summarised as under:- PW5 Jodha Ram, SHO, Police Station, Modak received information from one Vinay Kumar, an accused in police custody in a case under the NDPS Act, to the effect that he had purchased opium recovered from him from Bhaiyan @ Shiv Murti (appellant herein), resident of village Modak and for that purpose he had given him a half gold biscuit. The SHO recorded this information in the Rojnamcha and sent copies thereof to the higher officials. Thereafter, the SHO along with police party left for the house of appellant and reached there. The appellant came out of the house and introduced himself to be police personnel. Before proceeding to search the house of the appellant, the SHO informed the appellant of his legal right to have the search of his house conducted either in the presence of a Magistrate or in the presence of a Gazetted Officer. The appellant, in turn, consented for search to be conducted by the SHO.

(3.) THE SHO then took two samples of 50 grams each and sealed the samples and remaining opium in separate packets. Search and seizure memo Ex.P.6 was prepared and a case vide FIR Ex.P12 was registered under Section 8/18 of the Act and the accused was arrested.