BHAKHAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 27.7. 1993 the learned Special Judge, NDPS Act Cases. Jodhpur has convicted the appellants Nos. 1 & 2 for the offence under sections 8/17 & 8/18, NDPS Act and. sentenced them on each count to 10 years rigorous imprisonment and a fine of Rs. one lac and convicted the appellant No. 3 for the offence under section 8/17, NDPS Act and sentenced him to 10 years rigorous imprisonment and a fine of Rs. one lac. Against this conviction and sentence this appeal has been preferred.

(2.) I have heard the arguments of both the sides.

(3.) According to the prosecution on 10.2.1992 at 11.00 a.m. in the village Kakani the opium was recovered from the possession of the accused-appellants and thus they unlawfully possessed the opium. From the opium so recovered six samples were taken out and they were packed and sealed separately. The samples were sent to the Forensic Science Laboratory for chemical examination and according to the report of the FSL the samples were of contraband substance.