SARDAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal has been filed against the judgment dated 6-11-1995 passed by learned Special Judge, N. D. P. S. Act cases, Udaipur in Sessions Case No. 94/95 whereby he convicted the appellant for offence punishable under S. 8/18 of the N. D. P. S. Act and sentenced him with ten years R. I. and a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo two years R. I.

(2.) The brief facts leading up to this appeal briefly stated are that on May 19th, 1995 at about 7.40 p.m. Parbat Singh, S. H. O., P. S. Hathi Pole, Udaipur received a credible information that the appellant possessed opium and would be available at Mohta Park. Having received the aforesaid credible information P.W. 5 Parbat Singh recorded aforesaid information in Rojnamcha at 7.40 p.m. and proceeded alongwith A. S. I. Vikram Singh P.W. 1, A. S. I. Shakti Singh P.W. 2, Head Constable Shyam Lal P.W. 6 and Constable Bhagwat Singh, Ravindra Singh, Bhanwarlal, Gopal Lal and two motbirs Survir Singh P.W. 9 and Lal Singh P.W. 10.

(3.) At about 8.15 p. m. appellant was searched and 300 grams of opium was found in his possession. A sample of 20 grams was taken in a separate packet and was sealed and rest of the opium was also sealed separately.