BHANWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter) is directed against the judgment and order dated 11-7-2003 passed by Special Judge, (NDPS Cases), Udaipur (for short 'the trial Court' hereinafter) in Sessions Case No. 263/2001, whereby the trial Court convicted the appellant for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the short 'the N. D. P. S. Act' hereinafter) and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 1,00,000/-, in default of payment of fine further to undergo one year rigorous imprisonment. Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal.

(2.) Briefly stated the facts of the case to the extent they are relevant and necessary for the decision of this appeal are that PW-1 Dharam Singh Meena, Enforcement Officer, Central Narcotics Bureau, Udaipur received a secret information Ex. P-1 at 12.30 hours on 8-6-2001 to the effect that appellant Bhanwar Singh S/o Devi Singh is carrying opium and likely to deliver the same to some party at Ramleela Park. The information was found to be reliable and therefore, it was reduced to writing vide Ex. P1. The copy of the information was sent to higher officials of the Central Narcotics Bureau. On this information, he along with other officials of the Central Narcotics Bureau went to the Ramleela Park situated at Hiran Magri, Section 5, Udaipur and all of them started patrolling the area. Two persons namely Praful Kumar and Kailash Sharma were asked to become Motbirs. Their consent was obtained and they consented to become Motbirs. While they were watching the said park, a person was found sitting on a Bench in the Park with a bag in hand. PW-1 Dharam Singh Meena introduced himself and on being asked the said person informed his names to be Bhanwar Singh including his parentage and residential address which was found to be the same which he received by way of secret information. A notice under Section 50 of the N. D. P. S. Act was served on the appellant vide Ex. P-2 giving him option and apprising him of the right that if he wishes, search may be carried out before the Gazetted Officer or a Magistrate or by the Enforcement Officer himself. The appellant consented to be searched by PW-1. The search was carried out and in the bag which the appellant was carrying found containing opium weighing 2,750 Kg. Two samples of 25 grams each were taken. The samples and the remaining opium were sealed on the spot. The appellant voluntarily made a confessional statement under Section 67 of the N. D. P. S. Act vide Ex. P-8 at 20.15 hours on 8-6-2001 confessing the offence. Thereafter vide Ex. P-9 the appellant was arrested at 21.00 hours. After usual investigation, a complaint was filed against the appellant for the offence noticed above. At the instance of the appellant, a search at the house of co-accused Tejsingh was carried out and opium weighing 250 grams was also recovered from the house of co-accused Tejsingh. The appellant and co-accused Tej Singh were put to trial. By the judgment and order impugned the appellant was convicted and sentenced as noticed above and co-accused Tej Singh was convicted for the offence under Section 8/18 of the N. D. P. S. Act and sentenced to the period of imprisonment already undergone by him i.e. 9 months with a fine of Rs. 1000/- in default of payment of fine furthpr to undergo one month's simple imprisonment, keeping in view the quantity of contraband opium recovered from him. Co-accused Tej Singh has not challenged the finding recorded by the trial Court as also his conviction and sentence awarded.

(3.) After arguing the matter at length, learned counsel for the appellant has filed an application for taking additional documents on record under Section 391 r/w Sections 294 and 295, Cr. P. C. being S. B. Criminal Misc. Application No. 102/2006 and another application for taking copy of FIR on record under Section 391 r/w Sections 294 and 295, Cr. P. C. on 1-3-2006.