RAJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has teen preferred against the judgment dated 9.3.1995 passed by the learned Special Judge, N.D.P.S. Cases (AddI. Sessions Judge), Ratangarh, whereby he convicted the appellant for the offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act') and sentenced him to rigorous imprisonment for five years- and a fine of Rs. 50,000/- (Rs. Fifty thousand only), in default of payment of fine, to further undergo R.I. for one year.

(2.) Briefly the relevant facts are that on 16.2.1991 at about 3.00 p.m. P.W., 7 Taj Mohd., S.H.O., Police Station Dungargarh received a secret information to the effect that appellant-Raja Ram keeps and sells Ganja in his betal shop situated on the bus stand, Dungargarh and that if a search is conducted immediately, the contraband Gonja can be recovered. Taj Mohd. documented the said information vide memo Ex. P-6 under Section 42 of the Act and after making necessary entries in Rojnamcha Aam (Ex. P12A), proceeded to bus stand. Immediately thereafter, he reached the Bus Stand along with Motbirs P.W. 1 Padam Nath and P.W. 2 Sohan Ram and P.W. 6 Jile Singh, Head Constable. It is alleged that the appellant was found sitting in his shop. Taj Mohd. gave him a written notice Ex. P4 intimating that a search of his person as also of his betal shop was to be conducted and whether he wanted that such search should be taken in presence of a Magistrate or a Gazetted Officer, to which, he consented and gave in writing that his search be taken by the said S.H.O. It is alleged that 210 grams of Ganja which was wrapped in a wax paper and concealed undemeath the right leg of the appellant was recovered for which he did not possess any licence. Representative and duplicate sample of 15 grams each were drawn therefrom, which were separately packed and sealed. The remaining seized Ganja was also separately sealed and recovery memo (Ex. P-1) was drawn. Taj Mohd. also prepared site plan (Ex. P-2) and memo thereof (Ex. P2A). The appellant was arrested. On the report of Taj Mohd., RR (Ex. P-9) was drawn and a case was registered. A report (Ex. P-b) under section 57 of the Act regarding the arrest and seizure was also sent to Munsiff and Judicial Magistrate, Ratangarh. Another report (Ex. P-li) through a written Radiogram message was also sent to Circle Officer and Superintendent of Police, Churu. The sealed packets of samples and seized Ganja were kept in safe custody in the Malkhana of the Police Station. The sealed packet of representative sample was sent to the State Forensic Science Laboratory. The Asstt. Director (Chemical), State Forensic Science Laboratory, Rajasthan, Jaipur vide his report ex. P-15 opined that on chemical and microscopic examination the said sample was found to be that of Ganja. After usual investigation, a challan was filed, which was ultimately transferred to the Court of learned Special Judge, N.D.P.S. Cases, Ratangarh.

(3.) The appellant was charged for the offence under section 8/20 of the Act, who pleaded not guilty. The prosecution examined as many as eight witnesses. The appellant denied all the circumstances appearing against him in the prosecution evidence. However, he did not adduce any evidence. After trial, the learned Special Judge by his impugned judgment found the appellant guilty and sentenced him in the manner indicated above. Hence, this appeal.