RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal by appellant Ram Swaroop arises out of the - judgment and order dated 3.8.1999 passed by the Special Judge (Addl. Sessions Judge) NDPS Act Cases, Ramganjmandi, Kota thereby convicting the accused appellant for offence under Sec. 8/18 of Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as "the Act") and sentencing him to undergo 10 years rigorous imprisonment with a fine of Rs. 1 lac, in default thereof, to further undergo two years simple imprisonment.

(2.) The prosecution case, in nutshell is that on 25.10.95, PW 2 Abdul Wahid Head Constable, Out-post Darra submitted a written report at Police Station Morak alleging therein that he received information that one Mool Chand will purchase opium from the appellant. The SHO accompanied by police party left the Police Station at 8.40 PM and reached village Darra. Hans Raj and Ran Singh Constables who were already present there informed that Mool Chand had gone towards the house of appellant for buying opium, but had not returned and that they were waiting for him. Having felt satisfied as to the correctness of the information, the SHO called two independent witnesses before proceeding for search and seizure and thereafter the SHO along with independent witnesses reached the house of appellant and after observing necessary formalities searched the house of the appellant. in the course of search, one polythene bag lying over an iron drum was seized. The polythene bag contained opium weighing 670 gms. The SHO then took two samples of grams each, sealed the samples and remaining opium in separate packets. In these circumstances, a case under Sec. 8/18 of the Act was registered and appellant was arrested. After completion of entire formalities as to the investigation, a charge sheet was submitted against the appellant.

(3.) The learned trial Judge, on the basis of evidence and material collected during investigation and placed before it, framed charge against the accused under Sec. 8/18 of the Act. The accused pleaded not guilty and claimed trial.