STATE OF RAJASTHAN Vs. USMAN

JUDGEMENT

(1.) These two appeals are directed against common judgment and order dated 22.1.2001 passed by learned Special Judge, N.D.P.S. Act Cases (Additional Sessions Judge, No. 2) Kota, in Special Sessions Case No. 248/94, therefore, both the appeals were taken-up together and are being disposed of by this common judgment.

(2.) The learned trial court, vide its impugned judgment, convicted appellant Satyanarain Soni under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act, 1985') to undergo 10 years rigorous imprisonment and a fine of Rs. 1,00,000/- (Rupees one lac); in default of payment of fine, to further undergo six months additional rigorous imprisonment; and acquitted accused Usman Khan from the charge under Section 8 / 21 of the Act, 1985. Being aggrieved with the same, accused Satyanarain filed S.B. Criminal Jail Appeal No. 87/2001 challenging his order of conviction and the C.B.I. preferred S.B. Criminal Appeal No. 682/2002 challenging the order of acquittal of accused Usman.

(3.) The prosecution case, in brief, is that Ram Murti, Inspector, C.B.I., received an information that accused Usman, with his colleague-Satyanarain, is involved in clandestine business of contrabands. On the basis of this information, Ram Murti, Inspector, along with Lakkhi Prasad, Dy. Superintendent of Police, constituted a team consisting of P.C. Sharma, A.S.I., V.S. Soman, Inspector, Head Constable Bhupendra Singh, Constable, Dalpat Singh and Yadram, and came at Kota on 1.5.1991. Constable Fauj Singh also met them there. They appointed the informer again after arriving at Kota with a direction to inform them about activities of accused Usman and Satyanarain. On 5th May, 1991, the informer gave a secret information to Inspector Ram Murti that on 6.5.1991 Usman and Satyanarain will come with opium and heroin in front of Hotel Navrang, Kota, on Yazdi Motorcycle without registration number. The said information was reduced in writing and forwarded to Superintendent of Police, C.B.I., New Delhi, who happened to be at Kota itself on 5.5.1991. On 6.5.1991 they reached at the destination along-with two independent witnesses P.C. Jain and G.S. Bairwa and as per the information of the informer, at about 12.30 PM two persons came on Yazdi motorcycle , which was bearing no number of its registration. Soon after receiving signal from the informer, they caught hold both the persons with motorcycle. They gave their introduction to those persons. On enquiry by Inspector Ram Murti, one person disclosed his name as Usman Khan and another person, who was pillion rider, stated his name as Satyanarain. They were asked about heroin and opium; thereupon accused Usman admitted that he was having 200 gram heroin and Satyanarain is having 16 kilogram opium in two bags lying in trunk in his possession. The Inpsector Ram Murti apprised them of their right about their search either before Magistrate or before Lakkhi Prasad, Dy. S.P., C.B.I. who happened to by a Gazetted Officer. Accused persons gave their consent to get themselves searched in presence of Lakkhi Prasad, a Gazetted Officer. Usman gave a polythene bag from his pant, which was found to be heroin. The steel box was also opened and two Rexine bags containing opium were found therein. One bag was weighing 8 kilogram 400 gram and another bag was weighing 7 kilogram and 400 gram. Two samples of 10 gram each were taken form both the bags of opium. Two samples of 5 gram each were taken from heroin bag. All the samples were sealed with the seal of Inspector Ram Murti and marked as R.M.S. The seal was sealed and it was handed over to independent witness Shri P.C. Jain, Junior Telecoms Officer, and receipt thereof was taken.