STATE Vs. RUKIYA

JUDGEMENT

(1.) This is a State appeal against the judgment and order of the learned Additional District and Sessions Judge, Barmer in Sessions Case No.29/1987 whereby the respondent accused has been acquitted of the charge under Section 20(ii) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred to as 'the Act').

(2.) Briefly stated, the facts giving rise to the present case are that on 19.7.1986 at about 6.45 PM, PW6 Ranchhod Singh, SHO, PS Girab, District Barmer, lodged report Exh.Pl in the Police Station stating inter alia that on 19.7.1986 at about 1.30 PM he received a secret information from Mukhbir to the effect that Rukhiya (present accused-respondent), a history-sheeter of the police station, having Charas in his possession for the purpose of sale, was seen in the evening in the hotels of village Harsani, and if he is apprehended then charas may be recovered from his possession. The information so received was reduced in writing in Rojnamcha Exh.P8 and thereafter, at about 6.45 PM, PW6 Ranchhod Singh along with other police officials including HC Veer Singh, LHC Bhikadan and FC Chaina Ram proceeded in a Govt. jeep bearing No. RRY 5937 driven by Driver Bhanwarlal. After reaching Harsani, they searched for the accused at hotels and bus-stand of village Harsani and there on inquiry being made, it was revealed that accused had left the place half an hour before reaching of the raiding party and has proceeded on foot towards the Barmer Road. The raiding party headed by PW6 Ranchhod Singh when reached near the field of Kharchi, the accused seeing the raiding left the road and entered in the field of Bhanwara Vazir. He threw a polythene packet near kikar tree. The accused was caught by the raiding party and when asked to disclose his identity, he stated his name to be Rukhiya s/o Narsa, by caste Vazir, resident of village Harsani. The small packet of polythene which was thrown by the accused at the kikar tree was taken in possession of the police and in presence of motbir witnesses when it was opened, a black material giving a smell of charas was found. The packet was having mark No.607 on the front and backside. The accused was asked as to whether he had a licence for the contraband found in his possession, to which he replied in negative. The contraband so recovered from the possession of the accused was found to be 720 grams, out of which a sample of 30 grams was taken for the purpose of chemical examination and sealed. The ample was sealed in the presence of motbirs in a small tin container. The remaining contraband weighing 690 grams was separately sealed and the packets were marked A&B. Recovery Memo Exh.P 1 and Site-plan Exh.P2 were prepared at the spot and the accused was arrested vide Exh.P3. The sealed sample of Charas along with remaining sealed material was deposited in the Malkhana of the Police Station by PW6 Rewant Singh. Entries were made by the Incharge Malkhana. Thereafter, vide letter Exh.P5 sample was sent to FSL for chemical analysis through PW4 Mangilal. The receipt of depositing the sample is Exh.P4 dated 18.8.1986. The report of FSL is Exh.P 12. The report shows that on analysis, it was found that the material recovered from the possession of the accused was Charas.

(3.) After usual investigation, challan under Section 20 of the Act was filed by police in the Court of Munsif and Judicial Magistrate, Barmer. Thereafter, the matter came up for trial in the Court of Addl. Sessions Judge, Barmer on 10.3.1987, the learned trial Judge after hearing both sides, framed charge under Section 20(ii) of the Act against accused respondent. Accused before the learned Addl. Sessions Judge denied the charge and claimed it trial.