PRAHLADA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 of the Criminal Procedure Code has been directed against the judgment and order dated 07. 12. 1987 passed by learned Sessions Judge, Jalore in Sessions Case No. 27/87 whereby the accused-appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act') and sentenced for 10 years rigorous imprisonment and a fine of Rs. 1 Lac, in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) BRIEFLY stated, the facts giving rise to the present case are that Ranjeet Singh (PW. 5), SHO, Police Station, Sanchore received a secret information on 06. 03. 1997 to the effect that accused-appellant has brought opium in his Dhani. After recording the secret information in the General Diary, PW. 5 proceeded towards the Dhani of accused Prahlada Ram in Govt. Jeep alongwith raiding party and reached at Dhani at about 12 A. M. On seeing the police raiding party, the accused ran away from Dhani with the plastic bag in his hand. The police party apprehended the accused near the Dhani and recovered a bag from his possession. On seeing the bag, it was found to have contained opium. The weight of the opium in 14 polythene bags was about 12. 700 kgs. After taking samples of the seized article and sealing and sealing them, the accused was arrested.

(3.) AGGRIEVED by the said judgment and order of the learned Sessions Judge, Sanchore, the present appeal has been filed.