GURDAYAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application in revision filed by Gurdayal Singh against the judgment of the Additional Sessions Judge, Bundi, dated 13th November, 1975, in Criminal Appeal No. 73 of 1974, upholding his conviction and sentence under Section 4 read with Section 9 of the Opium Act. The petitioner was convicted for the aforesaid offence by the Chief Judicial Magistrate, Bundi, and sentenced to undergo rigorous imprisonment for one year.

(2.) THE prosecution case against the petitioner was as follows:

(3.) ON 27th October, 1970, at about 9. 30 P. M. Shri Bajrang Lal, Superintendent of Police, Bundi, received a credible information upon telephone from some person that truck No. MPO 2550 driven by Gurdayal Singh petitioner was carrying contraband Opium in it on Kota Bundi route. The Superintendent of Police, Bundi, relied upon the information and directed Shri Nagendra Puri, Station House Officer, Bundi, to keep watch on the road and to stop the truck on its arrival, Nagendra Puri accompanied by Ram Niwas, A, S. I. and a few constables reached the Octroi out-post Deopura in the night of 27th October, 1970, and waited for the arrival of the truck. On 28th October, 1970, at about 8. 30 a. m. the truck was seen coming from the side of Kota. As soon as the truck reached the Municipal outpost, Deopura, Nagendra Puri and his party saw that the petitioner was driving the truck and that Amar Singh and Prem Narain were sitting by his side. Nagendra Puri asked the petitioner to stop the truck but the latter turned deaf ears to his request and tried to run away from there. Thereupon, the Station House Officer made efforts to bring the truck to a halt and eventually succeeded in his attempt with great difficulty. The Station House Officer then informed the Superintendent of Police, Bundi, about the arrival of the truck. The Superintendent of Police also rushed to the spot. The truck was then removed to nearby police out-post, Deopura, and was unloaded in the presence of Chauth Mal, Harnath Singh, Prem Shanker and Mool Chand. Upon search of the goods, it was found that the truck was carrying 150 bags of onion and 10 bags containing as many as 27 small polythene bags full of contraband opium. All the bags were seized by the police in the presence of Mot-birs vide memo of seizure Ex. P-1. Samples of 30 grams were taken from the contents of each of the 27 polythene bags and kept in small 'dibias' and were sealed after being wrapped in a white piece of cloth. Later on samples were sent to the Director, State Forensic Science Laboratory, Rajasthan, Jaipur, for chemical examination. The Assistant Director, Forensic Science Laboratory, C. I. D. , Rajasthan, Jaipur, analysed the samples and made a report Ex. P-15 that the samples contained different percentages of morphine contents varying in between 4. 5 and 8. 27 percentage. Eventually, after making usual investigation the police submitted a challan against the petitioner along with Amar Singh and Prem Narain in the court of the Additional Munsiff-Magistrate, Bundi, for trial under Section 4/9 of the Opium Act and under Section 468 read with Section 114, Indian Penal Code. The owner of the truck namely, Kesar Singh absconded after the occurrence and so a charge-sheet was put up against him under Section 512 of the old Criminal Procedure Code. The learned Magistrate proceeded to try the petitioner and his associates. During the course of trial, Prem Narain pleaded guilty to the charge. The petitioner and Amar Singh, co-accused, however, claimed to be tried. As many as 11 witnesses were examined from the side of the prosecution. The plea taken out by the petitioner in the trial court was that he had been falsely implicated in this case, as he was not carrying contraband opium in his truck. According to his version, two trucks were stopped by the Station House Officer. One was driven by him and the other was driven by Swaran Singh. The Station House Officer released the truck of Swaran Singh and detained his truck for reasons best known to him. Similar was the plea of Amar Singh. The petitioner did not produce any evidence in his defence. The learned Magistrate after careful scrutiny of the entire evidence came to a conclusion that the petitioner was transporting prohibited opium in contravention of the provisions of the Opium Act in his truck No. MPO 2550 and was guilty for the offence with which he was charged. Amar Singh co-accused was also found guilty along with the petitioner. Aggrieved by his conviction and sentence, the petitioner preferred an appeal in the Court of the Additional Sessions Judge, Bundi, but his appeal was dismissed and his conviction and sentence were maintained. Hence the petitioner has challenged his conviction and sentence by this revision-petition, as stated above.