SHAHJAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -This appeal is directed against the judgment dated 17. 9. 92, passed by the Additional District and Sessions Judge, Barmer, by which the learned Additional Sessions Judge convicted appellant Shahjad for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the N. D. P. S. Act. ') and sentenced him to undergo ten years' rigorous imprisonment and a fine of Rs. l,00,00o/- and in default of payment of fine further to undergo two years' simple imprisonment.

(2.) ACCUSED-appellant Shahjad was tried by the learned Additional Sessions Judge, Barmer, for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The case of the prosecution is that on 7. 12. 90, at about 9. 00 p. m. , Gopal Singh Bhati, Station House Officer, Police Station, Dhorimanna, received a secret information from some Mukhbir that in a bus, which is going from Barmer to Ahmedabad, Charas is being smuggled. Gopal Singh Bhati entered this information in the Roznamcha and he, alongwith Shanker Singh F. C. , Chhatar Singh L. C. and Constables Budh Ram and Khet Ram, on a jeep No. RJC 6108, driven by Nahar Singh, proceeded towards Sanchore Road and near Lukhu Bhakri, made the Nakabandi. Bus No. RJ-04-P. 0077, which came there, was got stopped by the raiding party and the raiding party entered in the bus. Suspicion arose looking to the conduct of the accused and thereafter, in the presence of two Motbir witnesses, viz. , Balwanit Singh and Chattar Singh, after giving his own search to Balwant Singh, Gopal Singh Bhati, the S. H. O. , searched the accused and found him in the possession of 170 Grams of Charas hidden in the fold of his Dhoti. The accused, also, gave further information regarding the Charas which was hidden by him and on the basis of this information and at his instance, Charas weighing 1. 530 kgs. was, also, recovered. Gopal Singh Bhati, after making the seizure of these articles, arrested the accused and thereafter went to the Police Station, lodged the F. I. R. and completed the investigation and after completion of the investigation, he submitted the challan in the Court. The prosecution, in support of its case, examined nine witnesses. Two Motbir witnesses, viz. , PW 2 Balwant Singh and PW 7 Dalu Ram, who were the witnesses of the recoveries, have not supported the prosecution case and they were declared hostile. The learned Additional Sessions Judge, after trial, convicted and sentenced the accused-appellant for the offence under Section 21 of the Act, as stated above.

(3.) IN the result, the appeal, filed by the accused-appellant, is allowed. The judgment dated 16. 9. 92, passed by the learned Additional Sessions Judge, Barmer, convicting and sentencing accused-appellant for the offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is set-aside and the appellant is acquitted of the Charges levelled against him. The appellant is in jail. He may be released forthwith if he is not required in any other case. .