GIRDHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been 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 8120 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) and sentenced him for three years R.I. and a fine of Rs. 50,000/- (Rs. fifty thousand) and in default, to further undergo R.I. for one year.

(2.) Stated in succinct the relevant facts are that on 3.5.1994 PW 7 Rajendra Singh S.H.O. Police Station Rajaldeshar received source information to the effect that one, the appellant was selling GanjaT in front of the cabin of Girdhari Lal Swami, which was reduced in writing vide memo Ex. P. 11. Thereupon, Rajendra Singh took Motbirs PW 1 Girdhari Lal Swami and PW 4 Murlidhar, alongwith the police party, went to the said cabin stalled near Bus Station Rajaldeshar. The appellant was found sitting on a bench in front of the said cabin. He was informed that whether he liked that his search be made in presence of a Gazetted Officer or Magistrate. But, the appellant gave his consent that his search be conducted by Rajendra Singh. Thereupon, a search was made and from the pockets of his Pajama, eight packets (Pudias) containing Ganja were found. Those PudiasT contained 2ograms of Ganja and for which the appellant did not possess any licence. Sample of the said Ganja was taken, which was sealed. The remaining Ganja was also sealed separately and recovery memo Ex. P. 3 was prepared. The appellant was arrested. Thereafter, the investigation of the case was conducted by PW 6 Narendra Singh, S.H.O., Police Station Ratangarh, who was directed by the Circle Officer Police. The sealed packet of the sample was sent to the State Forensic Science Laboratory and as per F.S.L. Report Ex. P.16, the said sample was found to be of Ganja.

(3.) After completion of the investigation, a challan was filed before the learned Special Judge, N.D.P.S. cases. Charge for the offence under section 20 of the Act was framed against the appellant who denied the indictment. The prosecution examined as many as seven witnesses. The appellant in his plea recorded under Section 13 Cr. P.C., denied the circumstances appearing against him in the prosecution evidence and asserted that he is an addict of taking of Ganja that at the time of alleged incident he was smoking Ganja", that he did not possess any licence, that he was arrested alongwith the Chilam of Ganja by the Police and that a false case has been foisted against him. In defence, he did not adduce any evidence. After trial, the learned trial Judge found the appellant guilty for the offence under section 20 of the Act and sentenced him in the matter indicated above. Hence, this appeal.