RAMA @ REHMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment dated 23.5.1988 passed by the Sessions Judge, Pali thereby convicting him for offence under Section 8/18 of the Narcotic Drugs And Psychotropic Substances Act, 1985 and sentencing him to rigorous imprisonment of 10 years with fine of Rs. 1 lac and in default payment whereof, to further undergo two years simple imprisonment.

(2.) Facts in brief giving rise to the present appeal are that Shri Deepankar, Banerjee, Inspector, Narcotic Bureau (Preventive Branch) working in the office of Deputy Commissioner, Narcotic Bureau, Neemach (M.P.) on receiving a source information proceeded to village Kali Patiya, Tehsil Raypur District Pali in State of Rajasthan along with Sub-Inspector Shri C.P. Dhyani, Sub-Inspector Shri Chaurasiya, Sub-Inspector Ramharsh Singh and Bhanwar Singh, Salim, Govind Singh, Dinesh Rawal all Constables and 2 and 3 other employees of the department and reached there early in the morning of 29.7.1986. They surrounded the house of accused Rama who was present there at that time. When the accused came out of the house, Inspector Depankar Banerjee introduced himself to the accused and told him that he wanted to search his house. Accused gave his consent. The Inspector searched his house in the presence of Motbir witnesses Dhanna and Nura. During search, the Inspector found two bags in the Almira of the room situated in the southern side of first floor. What they were opened, each of bags was found to contain 20 plastic bags of smaller size which had dark substance in the shape like biscuit. When the Inspector tested and smelled the substance, it was found to be opium. On weighment of all the bags, their total weight was 37 kg. and 500 gm. A sample of 50 gm. was taken separately and sealed for chemical examination. Inspector Banerjee prepared the search and seizure memo and Panchama in the presence of Motbir witnesses and accused was arrested. Site plan was also prepared and the sample in the sealed cover was also marked and its memo was prepared. It was thereafter that recovered contraband opium, sample for chemical examination and all other papers and the accused were brought to the office of Preventive Center of Central Narcotics Bureau at Beawar and produced before the Inspector Shri Bhanwar Lal Ojha. Bhanwar Lal Ojha registered a criminal case on the basis of report submitted to him by Shri Deepanker Banerji. Sample of the opium in sealed condition was handed over to Shri Deepankar Banerji himself for being taken to Nimach for chemical examination. Upon examination sample was found to be opium. On completion of Investigation, challan was filed against the accused for offence under Section 8/18 of the Narcotic Drugs And Psychotropic Substances Act. Prosecution has produced as many as eight witnesses and exhibited various documents in support of its case. The learned trial Court on conclusion of the trial, convicted the accused and sentenced him as indicated above. Hence this appeal.

(3.) I have heard the arguments advanced by Shri Sandeep Mehta learned counsel for the appellant and Shri Rameswhar Dave, learned, Public Prosecutor and perused the record.