JAGDISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the four appeals filed by Jagdish Chandra, Shankerpuri. Bhima and Mahendra Kumar arise from the same judgment dated 22nd July. 1996 passed by the learned Special Judge. N.D.P.S, Act Cases, Raj Samand in Sessions Case No, 30/92 State v. Shankerpuri and others. It is, therefore, just and proper that all the four appeals should be decided together by a common judgment.

(2.) In Sessions Case No. 30/92 State v. Shankerpuri and Ors., Shankerpuri was charged under Section 8 read with 18 of the N.D.P.S. Act. Mahendra Kumar was charged under Section 8 read with 20 of the N.D.P.S. Act. Jagdish Chandra was charged under Section 18 read with 29 of the N.D.P.S. Act and Bhima was charged under Section 8 read with 20 of the N.D.P.S. Act. All the accused persons pleaded not guilty to the charge, Therefore, they were tried by the learned Special Judge. N.D.P.S. Act Cases, Raj Samand. After conducting trial the learned Special Judge convicted appellant Shankerpuri under Section 3 read with 18 of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh and to further undergo rigorous imprisonment for 2 years for default in payment of fine. Appellant Bhima was convicted under Section 8 read with 20 of the N.D.P.S. Act and he was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5,000.00 and to further undergo rigorous imprisonment for 6 months for default in payment of fine. Appellant Mahendra Kumar was convicted under Section 8 read with 20 of the N.D.P.S. Act and he was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5,000.00 and to further undergo rigorous imprisonment for 6 month$ for default in payment of fine. Appellant Jagdish Chandra was convicted under Section 18 read with 29 of the N.D.P.S. Act and he was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh and to further undergo rigorous imprisonment for 2 years for default in payment of fine. Appellant Jagdish Chandra was further convicted under Section 20 read with 29 of the N.D.P.S. Act and he was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5,000.00 and to undergo rigorous imprisonment for 6 months for default in payment of fine. Feeling aggrieved by the conviction as well as the sentence, Shankerpuri. Bhima, Mahendra Kumar and Jagdish Chandra have filed these four appeals.

(3.) The prosecution case may be briefly summarised as below: On 13th September, 1990, Station House Officer of the Police Station, Rajnagar received an information from a Mukhbir that on the preceding night a person named Shankerpuri had gone to the house of Jagdish Chandra Paliwal with opium and Mahendra Kumar as well as Bhima Rewari had gone to the house of Jagdish Chandra for the purpose of purchasing opium and that Jagdish Chandra used to keep opium, hemp and ganja in his possession for the purpose of selling to 8/11/2006 others. On receiving aforesaid information the Station House Officer of the Police Station Rajnagar went to the house of Jagdish Chandra with Police Officers and Motbirs. In presence of the Motbirs Premgiri and Hiralal a search of the house of Jagdish Chandra was conducted. In a room situated on the first floor Shankerpuri handed over 2 packets, which was placed in 2 polythene bags. Mahendra Kumar produced Ganja which, was contained in Tpudia and Bhima Rewari produced hemp which was placed in a bundle. These articles were seized by the Station House Officer who conducted the search. Samples were taken from opium, hemp and ganja and the samples as well as the remaining goods were sealed at the spot., A memo of search and site plan were prepared. Shankerpuri, Bhima, Mahendra Kumar and Jagdish Chandra were arrested vide arrest memo Ex. P. 3 to Ex. P. 6 and the First Information Report Ex. P. 10 was lodged at the Police Station. After conducting investigation a challan was submitted in the Court of learned Special, Judge, N.D.P.S. Act Cases, Raj Samand. All the four accused-appellants were charged as mentioned above. They pleaded not guilty to the charges, hence a trial was commenced, During trial the prosecution examined Hiralal (P.W. 1), Premgiri (P.W. 2), Brijesh Kumar (P.W. 3), Udai Singh (P.W. 4), Jagdish Chandra (P.W. 5), Mahendra Singh (P.W. 6), Gopal Singh (P.W. 7), Bhim Singh (P.W. 8) and Chetan Prakash (P.W. 9) in support of the prosecution case. The accused-appellants were examined under Section 313 of the Criminal Procedure Code. No evidence was produced in defence.