SITAB KHAN ALIAS MANGU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SITAB Khan @ Mangu and Kalu Ram, the appellants herein, were placed on trial before Learned Special Judge (NDPS Cases) Gangapur City, who convicted each of them under section 8/18 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `ndps Act') and sentenced them to undergo 12 years rigorous imprisonment and fine of Rs. 1 lac in default to further suffer 3 years rigorous imprisonment.

(2.) AS per prosecution story Madan Pal Singh, SI, Police Station GRP Gangapur City lodged a written report at Police station GRP Gangapur City on May 22, 2001 at 4. 30 AM stating therein that on May 21, 2001 at 11 PM having received a secret information that two persons were travelling in general coach of Dehradoon Express under suspicious circumstances, he took search of both suspected persons and found a polythene bag containing 4 kg. opium, out of which two samples of 30 gm. were taken. Necessary memos of recovery were drawn, the appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge (NDPS Cases) Gangapur City. Charge under section 8/18 NDPS Act was framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 10 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) IN Ram Swaroop vs. State of Rajasthan [2004 (2) RCC 945] where the prosecution failed to establish that the sample of contraband sent to FSL was the same which was taken at the time of search and seizure, benefit of doubt was given to the accused.