ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal directed against the judgment of the learned Additional Sessions Judge, Barmer, dated 25.8.1988, whereby he convicted the accused appellant Ashok for the offence under section 20(ii) of the N.D.PS. Act, 1985, hereinafter referred-to as "the Act" and sentenced him to undergo 20 years' rigorous imprisonment and to pay a fine of Rs. 2,00,000.00 and in default, to further undergo two years' R.I.

(2.) The charge against the accused was that on 15.8.1987 at 10.45 PM., during search by the S.H.O., Gudamalani, District Barmer, six packets of Charas measuring 6 kgms. were found in the brief case of accused appellant i in a bus plying from Barmer to Ahmedabad, which was checked near Gandhav. After doing formalities of taking samples etc., the sealed samples were sent for chemical examination and on microscopic examination, the samples contained in the packet were found to be of Charas. After investigation, the accused was charged accordingly to which he pleaded not guilty. The prosecution examined eight witnesses. The statement of accused was recorded under Sec. 313 Crimial P.C. He produced Narayan Singh in his defence. After hearing the arguments, the learned Judge convicted and sentenced the accused appellant as indicated above.

(3.) It has been contended by the learned counsel for the appellant that in this case, neither compliance of Sec. 42 of the Act has been made nor the information was sent to the superior officers nor recovered articles were produced in the Court, therefore, this case is hit by Sections 42, 55 and 57 of the Act, for which the accused is entitled to be benefited by way of acquittal.