JAI RAM Vs. STATE

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and order of sentence passed by the learned Special Judge, NDPS Cases, Jodhpur in Sessions Case No. 65/2004 - State Vs. Jairam dated 4.8.2005 whereby the accused appellant has been convicted u/s. 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act' or 'the NDPS Act') and sentenced for a term of 10 years rigorous imprisonment and also with fine of Rs. 1 Lac, and in default thereof to further undergo one years additional rigorous imprisonment.

(2.) Briefly stated, the facts giving rise to the prosecution case are that on- 21.9.2004 PW-11 Mangilal, SHO, PS Guda Malani received a source information at 1.30 p.m. in the police station on telephone to the effect that accused Jai Ram s/o Gordhan Ram, by caste Bisnoi, engaged in selling illegal poppy husk, has concealed the contraband material beneath 'Siniya' (stems of plants) and if immediate steps and search is taken, the accused can be apprehended with large quantity of poppy husk. The information was also to the effect that poppy husk can also be found in the Dhani of the accused which situate little ahead of village Nagar towards Sindari side. The distance from the road is approximately 3 to 4 kips and at the right hand side in Katchathe Dhani situate and in its backside Poppy husk is hidden below the bushes.

(3.) The information being reliable was registered in writing and sent to higher officials. The information was also entered in Rojnamcha Aam at Serial No. 370. The Rojnamcha entry made is Ex.P/21 and copy thereof is Ex.P/21A. A memo Ex.P/22 was also prepared on 21.9.2004 assigning the reasons therein for non-procuring of the search warrant as in procuring the warrant the accused could get an opportunity to remove the contraband material and might escape. The copy of Ex.P/22 was also endorsed to S.P., and C.O., Barmer and after making entries in the Rojnamcha Aam Ex.P/24, SHO PW-11 Mangilal started in Govt. Jeep at about 2.00 p.m. with investigation box and other weighing material like scale, measuring weights etc. alongwith PW-4 ASI Deva Ram, Shivkaran FC 691, Bharu Ram FC 830, Nimba Ram FC 708, Kailash Dan FC 349 to verify the secret information.