GULAM MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1-3-93, passed by the Additional District and Sessions Judge, Churu, by which the learned Additional Sessions Judge convicted the appellants for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act and sentenced each of them to undergo ten years rigorous imprisonment and a fine of Rs. 1,00,000/- each and in default of payment of fine further to undergo two years' rigorous imprisonment.

(2.) THE accused-appellants were tried by the learned Additional Sessions Judge, Churu, for the offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act. THE case of the prosecution is that on 5. 10. 91, at about 3. 30 p. m. , a search of a house was taken where appellants Gulam Mohammed and Mangtu were found present and from their possession the poppy-heads weighing 27 kilograms were recovered and the sample of which was sent for examination and the same was found to be the poppy heads. THE prosecution, in support of its case, examined eight witnesses and the accused, in their defence, examined DW 1 Liyakat Ali. THE nature of the evidence, produced by the prosecution, consists of the statements of PW 1 Bhanwar Lal, PW 2 Ratan Singh and PW 3 Ikramuddin, the three Motbir witnesses. PW 1 Bhanwar Lal and PW 2 Ratan Singh are the two Motbir witnesses to the recovery while PW 3 Ikramuddin is a Motbir witness with regard to the weighing of the poppy-heads: All these three Motbir witnesses have not supported the prosecution case and they have been declared hostile. PW 5 Jagdish Chandra is the Constable, who took the sealed packet for F. S. L. examination to the State Forensic Science Laboratory, Jaipur, and handed-over the same at the Laboratory for F. S. L. examination. PW 6 Mange Ram was the Malkhana Incharge at Police Station, Churu, in whose custody the packet containing 27 kilograms of poppy-heads was deposited and a sample of 500 grams of poppy-heads was, also, deposited with him and he gave the sample of 500 grams of poppy-heads to PW 5 Jagdish Chandra, Constable, for taking the same to the Laboratory at Jaipur for F. S. L. examination.