LAXMAN LAL AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 10.8.1993 passed by the Special Judge, NDPS Act Cases, Jaipur District (Sessions Judge Jaipur District) whereby he convicted the appellants for the offence under section 8/18 of the NDPS Act (hereinafter to be referred as the Act) and sentenced each of them to undergo rigorous imprisonment for 10 years' and a fine of Rs. one lac.

(2.) In short, the prosecution case is that on 22.5.1992, Shri A.K. Saxena, Sub-Inspector, Central Bureau of Narcotics (CBN) along with other employees of the Narcotics Department were on duty at Check Post No. 5 for checking the vehicles. At about 5.30 a.m. on 23.5.1992, a bus of RSRTC No. RJ-14 P-1699 coming from Chittorgarh to Jaipur was checked in the presence of Driver Kanhaiyalal and Conductor Radhey Shyam. At the time of checking, two persons were found sitting on Seats No. 37 and 38 having one suitcase. The suitcase was not locked. On opening it, a plastic bag containing opium was found. On weighing, it was found 7.600 kg. The opium was seized in the presence of motbirs, sample was taken for chemical analysis, after completing all the formalities, a charge sheet was filed in the Court against the appellants because they were not having any licence for keeping or carrying the opium.

(3.) After hearing the arguments, charge under section 8/18 of the Act was framed but the accused denied the charge and claimed trial.