PANKAJAKSHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present revision petition under Sec. 397 read with Sec. 401 Crimial P.C. has been filed by the accused-petitioner to assail the order dated 22.1.1998 passed by Additional Chief Judicial Magistrate (Communal Riots) whereby trial Court convicted the accused-petitioner and sentenced him to undergo one year Rigorous Imprisonment for the offence under Sec. 4/9 Opium Act and to pay fine of Rs.2000.00 and in default of payment of fine to further undergo three months simple imprisonment. He has further assailed the order dated 28th April, 2001 whereby learned appellate Court has upheld the judgment and sentence passed by the learned trial Court.

(2.) Petitioner Pankajakshan was nominated as accused in case FIR No.75 dated 06th March, 1985 registered at Police Station, Nayapura Distt. Kota for offence under Sec. 4/9 Opium Act, 1878.

(3.) FIR (Ex.P/5) was registered on the basis of Rukka sent by Virendra Kumar Sharma, Inspector, Central Bureau of Narcotics. In the FIR, it was stated by the Inspector, VK Sharma that on 06th March, 1985 at about 8.30 P.M. he alongwith companion police Officials was present at the bus stand, Bundi at Kota for checking to restrict opium trade. At that time, one person carrying one bag of black colour was seen going towards the booking window. On suspicion, the said person was restrained and he disclosed his name as Pankajakshan. At that time, Prem Kumar son of Mishri Lal and Om Prakash son of Chojja Ji were called as independent witnesses. In their presence, bag was searched. In the bag, opium was found wrapped in a paper. The said opium was weighed and it was found to be 2.900 Kilograms. Out of the above opium, two samples of 30 grams each were prepared. Accused Pankajakshan was arrested under Sec. 4/9 of the Opium Act. After registration of the above said FIR, search memo and arrest memo of the accused were prepared. Samples were sent to State Forensic Science Laboratory for opinion. Ex. P/8 is the report of State Forensic Science Laboratory whereby 5.89 per cent Morphine was found in the samples so sent to the Laboratory. After investigation in the above said FIR, charge sheet was submitted in the Court of Additional Chief Judicial Magistrate cum Special Judge, Riots Cases, Kota. The Court Charged the petitioner for the offence under Sec. 4/9 of the Opium Act. Petitioner pleaded not guilty and claimed trial.