JAGGAN NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16-6-93, passed by the Sessions Judge, Sri Ganganagar, by which the learned Sessions Judge convicted the accused-appellant for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo ten years' rigorous imprisonment and a fine of Rs. 1,00,000/-and in default of payment of fine further to undergo 2-1/2 years' simple imprisonment.

(2.) APPELLANT Jaggannath was tried by the learned Sessions Judge, Sri Ganganagar, for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act' ). The case of the prosecution, in brief, is that on 13- 3-92, Umesh Mishra - the Station House Officer, Police Station, Sri Ganganagar, alongwith the other members of Police Patrolling Party was on patrolling duty. When they reached near "andh Vidhyalaya" they saw one person carrying on a bag in his hand. On enquiry, he disclosed his name as "jaggannath". He was thereafter searched and on search, 1. 250 kgs. of opium was found in the bag which he was carrying in his hand. Out of this 1. 250 kgs. of opium, 30 grams was taken as sample. The sample as well as the remaining opium were sealed vide EX. P. l. Umesh Mishra, the Station House Officer, Police Station, Sadar, Sri Ganganagar, thereafter came to the Police Station, lodged an F. I. R. , deposited the sample and the remaining recovered opium in the Malkhana of the Police Station, from where the sample was sent for F. S. L. examination to the State Forensic Science Laboratory, Jaipur, which was found containing 4775% of morphine. The prosecution, in support of its case, examined PW 1 Raghuveer Singh, PW 2 Kartar Singh, PW 3 Moti Ram, PW 4 Umesh Mishra, PW 5 Shivpal Sharma and PW 6 Dhokal Ram. The defence of the accused was that he was sitting in the Court of the Additional District and Sessions Judge No. 2, Sri Ganganagar, in connection with a case, where Police Constable Sukhvindra Singh came on a motor-cycle, took him to the Police Station, Sadar, Sri Ganganagar and he was arrested but no recovery was made from him. In support of his contention he examined DW1 Sukhvindra Singh. PW 3 Moti Singh has not supported the prosecution case and he was declared hostile. The learned Sessions Judge, after trial, convicted and sentenced the appellant, as stated above.

(3.) IN the result, the appeal filed by accused-appellant is allowed. The judgment dated 16. 6. 93, passed by the learned Sessions Judge, Sri Ganganagar, is set-aside and the accused- appellant is acquitted of the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant is in jail. He may be released forthwith if he is not required in any other case. .