BHALRU LAL AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the judgment and other dated 10-6-1994, the Special Judge, NDPS Act Cases, Banswara, has convicted to accused appellant for the offence under Section 8/18 of the NDPS Act, 1985 and sentenced them to a rigorous imprison­ment for 10 years and fine of Rs. 1,00,000. Against this conviction and sentence, this appeal has been preferred.

(2.) I have heard the arguments of both the sides. According to the prosecution, on 3-7-1992 at about 4.30 p.m. in village Bassi Chandan Singh, opium was recovered from the accused appellants when they were searched by the police.

(3.) THE recovery memos are Ex. P-l, Ex. P-2, Ex. P-3 and Ex. P-4. Laxmi Lal Meena (PW-1) is SHO, who has effected the recovery. Ex. P-12 is detailed report recorded in Rojnamcha with regard to this case. Ex. P-15 is the letter of the Superin­tendent of Police, Banswara, by which the samples of the substance recovered from the accused appellants were sent to the Forensic Laboratory for chemical ex­amination. Ex. P-16 is the report of the Forensic Science Laboratory.