HARIRAM BISHNOI Vs. UNION OF INDIA

JUDGEMENT

(1.) The sole appellant Hariram Bishnoi has challenged his conviction by judgment dtd. 30/7/2024 passed in Sessions Case No. 8/2023 arising out of Narcotics Control Bureau Case No. 269/2014. The learned trial Judge has found the appellant guilty for offence under Sec. 8(c) read with Sec. 18 of NDPS Act and has awarded 6 years rigorous imprisonment alongwith fine of Rs.50,000.00. In default of payment of fine 1 month rigorous imprisonment has been ordered.

(2.) The prosecution case is that PW.4 Hardevaram got reliable information through informer that a person is carrying opium and he might be apprehended near Banad Tiraha. PW.4 reported the matter to the Senior Officer PW.1 Bishanlal Nayak. Bishanlal Lal Nayak constituted a team headed by PW.4. On 9/2/2012 at about 15:00 hours, the team reached near Banad Tiraha and noticed that a man carrying a handbag was talking with the truck driver near Maharaja Hotel, on suspicion the man was intercepted and he disclosed his name as the appellant. From possession of the appellant 2 kg of opium was seized. There was no explanation with the appellant for carrying the opium, therefore, appellant was taken into custody. Two samples were taken out from the seized contraband at the Narcotics Control Bureau office because at the spot the crowd had assembled, which was creating hindrance. After investigation, charge sheet was submitted.

(3.) Perused the oral and documentary evidences on the record.