KALYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal, on behalf of accused Kalyan S/o Genda, under Section 374 (2), CrPC, is directed against the judgment and order dated 31/5/2001 passed by the Special Judge (N.D.P.S. Cases), Jhalawar, in Sessions Case No. 20/2000, whereby the accused-appellant was convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act") and sentenced to ten years rigorous imprisonment and a fine of Rs. 1,00,000.00; in default of payment of fine, to further undergo one year's additional rigorous imprisonment.

(2.) Briefly stated the facts of the case are that PW. 4 Narendra Singh Meena, Deputy Superintendent of Police, lodged a First Information Report, on 9/8/2000, at Police Station Ghatoli, District Jhalawar, wherein it was alleged that when he was on patrol duty he saw one person, who on seeing the police jeep, tried to run away. Thereafter that person was caught hold and it was founded that he was carrying one plastic bag and he suspected him. Thereafter two independent witnesses were called and it was apprised to the accused that he will be searched and there will be an option for him to get his search done either before Magistrate or before Gazetted Officer. On search, the contraband opium weighing 3 kg, and 750 gram was recovered from his possession. The accused was arrested. Out of said contraband opium, two samples of 50 gram each were taken and sealed. The remaining contraband opium weighing 3 kg. 650 gram was separately sealed. The contraband seized and accused, were handed over to the S.H.O. The S.H.O. registered the F.I.R. and started investigation in the case. After completion of investigation, a chargesheet was filed against the accused. The trial Court framed charge against the accused for the offence under Section 8/ 18 of the Act, who denied the charge and claimed to be tried. The prosecution examined 11 witnesses and produced documents Exhibit P-1 to Exhibit P-16. Thereafter statement of accused under Section 313, CrPC, was recorded. No evidence was adduced in defence.

(3.) The learned trial Court, after hearing both the parties, convicted and sentenced the accused-appellant as mentioned above.