MANOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Sessions Judge, Ajmer, vide its judgment dated 7. 1. 2002 in Sessions Case No. 23/2000, convicted and sentenced accused appellant Manohar Singh Son of Shri Bhairon Singh, under Section 8/18 of the N. D. P. S. Act, 1985 (for short, `the Act') to ten years rigorous imprisonment and a fine of Rs. 1,00,000/-; in default of payment of fine, to further undergo one year's rigorous imprisonment. Being aggrieve with the same, the accused appellant has preferred this appeal before this Court.

(2.) BRIEFLY stated the facts relevant for disposal of this appeal are that on 16. 5. 2000 Kesar Singh (PW. 7), the S. H. O. , Police Station Civil Lines, Ajmer, lodged First Information Report at Police Station Civil Lines, Ajmer, District Ajmer, wherein it was alleged that on that date at about 8. 30 PM he was on petrolling duty at Ambedkar Circle near Bus Stand. One informer informed him that one person wearing trouser of green colour and shirt of cream colour, aged about 22-23 years, is standing at the Bus Stand with one bag wherein smell of opium is coming. He recorded the said information (Exhibit P. 11) and sent a copy of the same to the Superintendent of Police, District Ajmer. Thereafter he called Surendra Singh, S. I. , and Ramendra Singh, S. I. , through wireless and reached at the Bus Stand. He saw one person standing at the Bus Stand as per the information given by the informant and on asking he disclosed his name as Manohar Singh. Thereafter a notice under Section 50 of the Act was given to Manohar Singh apprising him about his right to get himself examined either in presence of Magistrate or in presence of Gazetted Officer. The accused appellant gave in writing that he is ready for his search in presence of Gazetted Officer. The search was made in presence of two witnesses, namely, Mahboob Khan (PW. 1) and Rajesh Kumar (PW. 2 ). 4 Kg. opium was found in the bag belonging to the accused. A sample of 100 gram was taken and sealed. The remaining contraband weighting 3 Kg. and 900 gram was also sealed separately. After completion of investigation a charge-sheet was filed against the accused appellant for the offence under Section 8/18 of the Act.

(3.) I have considered the submissions of the learned counsel for both the parties and examined the impugned judgment as well as the record of the trial court.