BHANWARLAL Vs. STATE

JUDGEMENT

(1.) This appeal, in its second inning before this Court, is directed against the judgment of conviction and order of sentence dated 24.7.2001 passed by learned Special Judge, NDPS Cases, Hanumangarh in Sessions Case No.02/2001, whereby the accused-appellant has been convicted u/s. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein- after referred to as 'the Act') and sentenced to 10 years rigorous imprisonment and a fine of Rs. 1 lac, in default of payment to further undergo one year's rigorous imprisonment.

(2.) Briefly stated, the facts of the case are that on 4.11.2000 at 6.00 p.m., PW-10 Ramniwas, SHO Police Station, Pilibhanga, received an information through Mukhbir to the effect that one Bhanwarlal, who was involved in smuggling of opium, was standing at bus-stand Pilibhanga having opium in a black colour attachi and there he was waiting for some transportation to go for its selling. The information so received from the Mukhbir was recorded as Ex.P/18 and a report Ex.P/10 to this effect was sent to the Superintendent of Police, Hanumangarh with PW-6 Satpal. Thereafter, PW-10 Ramniwas, the SHO, Police Station, Pilibhanga, acting on the information, alongwith Mukhbir and other police personnel started in Government Jeep from the police station and the witnesses PW-2 Jagdish and PW-3 Babulal at Railway Crossing, Rawatsar Road, were informed about the information received from Mukhbir and after obtaining their consent to become witness to the proceedings by giving them notice and taking them together reached at the bus-stand, Pilibhahga at "f.10 p.m. The Mukhbir gestured towards a person standing on the corner of a park. The accused was covered by the raiding party forming a circle around him. At that time he was having an attachi in his hand of black colour. Accused was given notice u/s. 50 of the Act for his search and he after having been informed about the information told that there being information of opium in the attachi search was to be undertaken and he was informed about his right to be searched in the presence of a Magistrate or gazetted officer or to the police officials. The accused in his turn showed his willingness to give search to the SHO. Thereafter, in the presence of witnesses when the attachi was searched, one woolen coverlet was found therein and in its layers there was a polythene bag which was containing some liquid material. The polythene bag was closed by white thread. When the liquid material was tasted and smelt, it was found to be opium, for which the accused was not having any licence or permit. The weight of opium with polythene bag was 5 kgs. Out of that material, 100 grams was taken out as sample and sealed then and there. This sample was marked 'A' and the rest of material in the polythene bag again kept in the attachi covering it with the woolen coverlet and marked the attachi 'B'. The seal used in sealing the samples and recovered material was also sealed and marked 'C'. A memo of recovery Ex.P/1 was prepared at the spot and the accused was arrested vide memo Ex.P/3, which bears the signatures of the persons available on the spot. On returning the police station, First Information Report Ex.P/21, was lodged and case No. 361/2000 was registered against the accused and the material seized and sealed was deposited in the Malkhana of the Police station.

(3.) During investigation, sample was got examined, the report of Forensic Science Laboratory Ex.P/25 was received which gave positive test for the presence of chief constituents of coagulated juice of opium poppy having 3.89% morphine. Site-plan Ex.P/23 was prepared and statements of the witnesses were recorded.