BABU LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this appeal, the appellant Babu Lal has approached this Court being aggrieved of the judgment dated 1.2.2014 passed by the learned Special Judge (NDPS Act Cases) No. 1, Chittorgarh in Sessions Case No. 23/2008 whereby the trial Court, while acquitting the appellant from the charge under Sec. 8/25 of the NDPS Act, convicted him for the offence under Sec. 8/18 of the NDPS Act and sentenced him to suffer 10 years' R.I. and a fine of Rs. 1 lac, in default of payment of fine, to further undergo one year's additional R.I.

(2.) Succinctly stated the facts relevant and necessary for disposal of appeal are noted hereinbelow.

(3.) Shri Rajendra Singh Baghel, Radio Technician, Narcotics Control Bureau, Unit Jodhpur received a source information that two persons named Babu Lal Bishnoi and Bansi Lal Bishnoi, would be smuggling illicit opium weighing 35 Kgs. in a truck bearing registration No. RJ19 -1G -5268 from Chittorgarh -Bhilwara Highway. Shri Rajendra Singh took the information down in writing and presented it before the Regional Director of the Bureau. The Regional Director formed a preventive team of the officials of NCB under the leadership of Sunil Kumar Gupta, Intelligence Officer. The preventive team reached the Chittorgarh Bhilwara National Highway at the village Gangrar and summoned two persons namely Rajendra Kumar Sharma and Ashok Kumar Porwal to associate in the proceedings as Panchas. Nakabandi was started at the toll tax barrier. At about 8 O'clock, the truck No. RJ19 -1G -5268 of which the information was received came from towards Chittorgarh. Two persons were sitting therein. The truck was intercepted and its driver was signaled to stop upon which he tried to escape by putting the truck into reverse gear. One person fell down from the truck, which was pursued and stopped. The driver disclosed his name to be Babu Lal and other person gave out his name to be Bansi Lal. They were apprised of the source information upon which they confessed that two cement bags containing illicit opium were concealed in the cabin of the truck. Looking to the heavy traffic flow on the highway and in order to ensure security and sanctity of the proceedings, the truck alongwith both the suspects was taken to the Police Station Gangrar where search and seizure proceedings were initiated after giving notice to both the suspects under Sec. 50 of the NDPS Act. The gunny bags concealed in the cabin of the truck were taken down. In one of the gunny bags, four plastic bags and in the other, 9 plastic bags contain opium were packed. The gross weight of the plastic bags and the contraband came to be 35 kgs. From every plastic bag, two samples each of 25 gms. were taken out. The samples as well as the remaining contraband were packed and sealed and chits bearing signatures of the members of the preventive team, panchas and the accused were appended thereupon. Upon inquiry being made from Babu Lal, he disclosed that the opium had been purchased from one Manohar Lal and was to be supplied to Har Lal Vishnoi at Jodhpur. He also divulged that he and Banshi Lal had purchased the vehicle in partnership. The statements of both the suspects were recorded under Sec. 67 of the NDPS Act and thereafter, they were arrested. Essential documents of seizure viz. panchnama, specimen memo of seal, site inspection plan, etc. were prepared at the Police Station and the signatures of all concerned were taken thereupon. The intelligence officer, Shri Sunil Kumar submitted a report under Sec. 57 of the NDPS Act to the Regional Director. The seized vehicle, muddamal and the samples were deposited in the malkhana. A test memo was prepared and 9 samples in sealed condition were forwarded to the Government Opium and Alkaloid Works, Opium Factory, Neemuch (M.P.). After investigation, a complaint was filed in the Court of Special Judge, NDPS Act Cases No. 1, Chittorgarh against the appellant Babu Lal and the co -accused Banshi Lal for the offences under Ss. 8/18, 25 and 29 of the NDPS Act. Investigation was kept open against Har Lal and Manohar Lal under Sec. 173(8) of the Cr.P.C. Banshi Lal absconded during trial upon which, trial of the appellant herein was separated. The trial Court framed charge against the appellant Babu Lal for the offences under Ss. 8/18 and 8/25 of the NDPS Act. He pleaded not guilty and claimed trial. The prosecution examined as many as 10 witnesses in support of its case. The accused, in his statement under Sec. 313 Cr.P.C., denied the prosecution allegations and examined three witnesses in defence. The trial Court, at the conclusion of the trial, by its judgment dated 1.12.2014 acquitted the appellant of the charge under Sec. 8/25 of the Act and convicted and sentenced him as above for the offence under Sec. 8/18 of the NDPS Act. Hence, this appeal.