SHAMSHER SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal u/s. 374 of the Code Criminal Procedure has been directed against judgment and order dated 27.3.2002 passed by the learned Special Judge (NDPS Cases), Hanumangarh in Sessions Case No. 21/2000 - State Vs. Shamsher Singh & Ors. , whereby the accused-appellants Shamsher Singh, Jagjeet Singh, Baljinder Singh and Daljeet Singh have been convicted_u/s. 8/18(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced each of them for 10 years rigorous imprisonment and a fine of Rs. 1 Lac, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Briefly stated, the facts giving rise to the present case are that on 8.8.2000 at 8:15 a.m. SHO, Police Station, Pallu Abdul Qayyum alongwith Head Constable Mahendra Singh and Foot Constables Munshiram, Madansingh, Antram and Prithviram started in Govt. Jeep No. RJ 13-C-0701 from the Police Station and reached Hanumangarh. During Nakabandi, one white colour Maruti car bearing Registration No. PB-10H-7172 coming from Sardarsahar was stopped and checked. On Checking, near the steering wheel in the car, a polythene bag containing black wet material was found, which on opening gave smell of opium. The four accused persons Shamsher Singh, Jagjeet Singh, Baljinder Singh and Daljeet Singh were asked to show licence for keeping opium if they had, however they could not produce any such and showed their inability. The opium on weight was found to be 7 kgs. Out of that opium, 50 grams was taken separately in a polythene bag as sample and was sealed then and there marking on sample packet 'A'. The rest opium was also sealed in a cloth bag and marked 'B'. The registration certificate of the car and one road atlas found in car alongwith the car were seized and the accused persons were arrested. Site-plan and Site-inspection note were prepared and after return to the police station, on the basis of recovery memos, First Information Report No. 48/2000 was chalked out. The recovered material alongwith sample was deposited in the Malkhana of police station and a detailed report through wireless was sent to the Superintendent of Police and the Circle Inspector of the area. A detailed report by post was also forwarded to the Superintendent of Police. After getting issued the forwarding letter, the sample was sent for examination to the FSL from where the report was received. Statements of the witnesses were recorded and on completion of investigation, challan against the accused-appellants was filed in the Court.

(3.) The learned trial Court framed charge u/s. 8/18 of the Act and read over the same to the accused-appellants, who denied the charge and claimed trial.