RAMSWAROOP JAISWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Ramswaroop Jaiswal son of Shri Kanhaiyalal has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order dated 12th of March, 2001, passed by the Special Judge, Narcotic Drugs and Psychotropic Substances Act Cases. Jaipur, in Sessions Case No. 24/98, whereby the accused-appellant was convicted and sentenced under Section 8/20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act (for short, the NDPS Act) to ten years rigorous imprisonment and a fine of Rs. 1,00,000/-, in default of payment of fine to further undergo two years simple imprisonment.

(2.) Briefly stated the facts of the case are that PW-1 Ganga Singh, Additional Superintendent of Police, received an information on 27th of October, 1998, at 4.05 p. m. from one informer to the effect that two persons along-with Scooter No. RJ-14-21 M-0942 are standing at a temple near assembly and they are having 'charas' with them. On receipt of this information, he proceeded for the site along-with the CI Surendra Singh, SI Abdul Rehman, SI Mohammad Faiyaz, ASI Jagdev Singh, FC Dharam Singh and FC Shabir Khan. Two witnesses were called. PW-1 Ganga Singh gave a written joint notice to accused Ramswaroop and Banwari Lal for their search before a Magistrate or otherwise to be made by him. The consent of the accused was taken on the notice Exhibit P-3. Thereafter search of accused was made in presence of PW-1. The contraband weighing 250 gram 'Charas' was recovered from the right pants pocket of accused Banwari Lal, which was seized vide seizure memo Exhibit P-4. Thereafter search of accused Ramswaroop was made and from his clothes two keys of Bajaj Scooter were recovered. The dickey of scooter was opened and one polythene bag was recovered wherein 250 gram 'Charas' was found. The said contraband, recovered from the scooter of accused Ramswaroop. was seized vide recovery memo Exhibit P-5. The samples of contraband weighing 50 gram were taken from each packet recovered from both the accused and both were marked 'A-1' and 'A-2'. The remaining contraband was sealed separately and the same were also marked as 'A' and 'B'. The accused persons were arrested vide arrest-memos Exhibit P-6 and Exhibit P-7. The site-plan was prepared. The FIR No. 259/98 was registered at Police Station Vidhan Sabha. Jaipur City, under Section 8/21 of the Act. The samples of contraband were sent for chemical examination. As per the report of the FSL dated 7-5-1999 (Exhibit P-23) it was opined that, on microscopic and chemical examination, the sample contained in each of the packet marked 'A-1' and 'B-1' was found to be of 'Charas' . After completion of investigation, the police filed a challan against both the accused persons.

(3.) The learned trial Court framed charge against accused persons under Section 8/20 of the Act. The accused persons denied the charge and claimed to be tried. The prosecution examined 17 witnesses and also produced documentary evidence Exhibit P-1 to Exhibit. P-25. Thereafter the statement of the accused persons were recorded under Section 313 Cr. P. C., wherein they stated that the prosecution evidence is false. No evidence was adduced in defence.