HAJARI MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Section 374 Cr.P.C. is directed against the judgment of the learned Additional Sessions Judge No. 2, Udaipur dated 22.12.1987 in Sessions Case No. 52/1986 (State us. Hajari Mal) whereby the accused-appellant has been convicted under section 8(c)/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act') and sentenced to ten years' rigorous imprisonment and a fine of Rs. 1,00,000/-; in default of payment of fine to further undergo six months' rigorous imprisonment.

(2.) Briefly stated the prosecution case is that PW 6 Bakshi Singh, SHO, police station Dhan Mandi, Udaipur, while on patrolling duty on 5.5.1986 along with Head Constable Surajmal, Head Constable Sohan Singh, Constable Onkarlal and Foot Constable Paras Mal at about 9.30 p.m. reached at Lakhara Chowk, Udaipur they saw accused carrying a bag (Bori) on his head. On seeing the police party, the accused-appellant became nervous and it gave rise to suspicion, as such he was stopped and was asked to disclose his identity. The accused disclosed his name Hajari Mal son of Kaluram resident of Surpura, Tehsil Kapasan. The bag found in the possession of the accused when opened, crushed pieces of poppy straw (Afeem Ke Kuchale Huve Dode) were found therein. The accused was asked for license/permit for the possession of the contraband material in his possession on which the accused denied of having any license/permit to carry the contraband item. The total weight of the recovered contraband with the bag was found to be 21 Kgs. out of which 250 gms was taken out for chemical examination. The sample so taken was sealed. The remaining poppy straw was also sealed at the spot separately. Recovery memo Exhibit-P/1, Arrest memo Exhibit-P/2 and Inspection note/Site plan Exhibit-P/4 were prepared in presence of Motbirs PW 1 Dinesh Kumar and PW 5 Shantilal. After reaching the police station, FIR Exhibit-P/5 was lodged :_ the police station and a case No. 43/86 under section 4/9 of the Opium Act was registered against the accused by Parcha Kayami Exhibit-P/6. The sealed sample packet was sent for chemical examination in the Forensic Science Laboratory, Jaipur. The FSL Report is Exhibit-P/9. The sample on examination showed presence of Opium which was dried crushed capsules of poppy.

(3.) After usual investigation, challan was filed in the Court of Judicial Magistrate, Udaipur (North) and on committal the matter was tried by learned Additional Sessions Judge No. 2, Udaipur. A charge under section 8(c)/15 r/w section 17 of the NDPS Act was framed against the accused-appellant on 23.3.1987. The accused denied the charge and claimed trial. The prosecution in support of its case examined six witnesses (PW 1 to PW-6). After close of the prosecution evidence, statement of accused was recorded on 17.11.1987, wherein accused denied the charge and stated that he has falsely been implicated and in fact one of Motbirs of the case Dinesh Kumar was a shop-keeper and a dispute arose between the accused-appellant and PW1 Dinesh Kumar as Dinesh Kumar did not make payment of 25 kgs of cotton to him. In defence, two witnesses have been examined. The trial Court after hearing both sides convicted and sentenced the accused-appellant as indicated hereinabove. Aggireved by the judgment and order dated 22.12.1987 passed by learned Additional Sessions Judge No. 2, Udaipur, the present appeal has been filed.