ASHOK KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Ashok Kumar Sharma has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order dated 25-7-2003, passed by the Special Judge, N. D. P. S. Act Cases, Jaipur, in Sessions Case No. 6/2001, whereby he was convicted under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter shall be referred to as the Act, 1985') and sentenced to ten years rigorous imprisonment and a fine of Rs. 1,00,000/- (Rupees one lac); 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 Mehtab Singh, the Additional Superintendent of Police (Crimes), Jaipur City, Jaipur, received a secret information from one Informer at Police Station, Malviya Nagar, Jaipur, where he had gone for official work, which was received in writing by him vide Exhibit P-1 on 25th of February, 2001, at about 3.00 p.m., that one Ashok Kumar, resident of 11 /1358, Malviya Nagar, Jaipur, will supply smack to some person near Nandpuri under bridge. The said information was sent by him to his superior officer i.e. D. I. G., Range-1, Jaipur, vide Exhibit P-2. Thereafter he proceeded for the place as informed by the informer. He also called two independent witnesses through Constable, who brought Lal Chand (PW 3) and Rameshwar (PW 4). One Gauri Shankar (PW 7), the goldsmith, was also called for weighing the contraband. At about 4.55 p.m. one scooter came at the place as informed by informer, which was stopped by PW-1 Mehtab Singh, and, on his asking, the scooter rider stated his name as Ashok Kumar, resident of Sector No. 11, Malviya Nagar. PW-1 gave his identification and informed him that he has an information that accused (suspect) is having smack in his possession. A notice Exhibit P-3 was given under Section 50 of the Act, 1985, to accused (suspect) to get himself searched either before Magistrate or Gazetted Officer or before him, who is also a Gazetted Officer. The accused (suspect) gave his consent in writing on Exhibit P-3 itself that he has full confidence in him and he may search him. Thereafter, a search was made and two packets from left-pocket of his pants were recovered, which were found to be smack from its colour and smell. The contraband was weighed by Gauri Shankar (PW 7), and the weight of each packet was found thus - 100 grams + 100 grams + 92 grams + 52 grams, and the total weight of all packets was 344 grains. From each packet two samples were taken weighing ten grams and they were sealed. The remaining packets were also sealed separately. The samples were marked as A-1, A-2, B-1, B-2, C-1, C-2, D-1, and D-1, and remaining packets were marked as A, B, C, D. The accused was arrested vide arrest-memo Exhibit P-5. The scooter of the accused was also seized vide Exhibit P-6. A written-report was lodged by the Additional Superintendent of Police Mehtab Singh (PW 1), to the Station House Officer, Police Station, Malviya Nagar, Jaipur, who registered F. I. R. No. 112/2001 (Exhibit P-8) under Section 8/21 of the Act, 1985. The specimen seal produced by PW-1 was seized by the S. H. O., vide Exhibit P-9. The site-plan was prepared. The samples of contraband were sent vide letter dated 26-2-2001 (Exhibit P-14), to the Rajasthan State Forensic Science Laboratory, Jaipur. The report of Public Analyst is Exhibit P-19 and, according to it, the result of analysis was given that on micro-chemical examination, the sample in each of the packets marked A-1, A-2, B-1, B-2, C-1. C-2, D-1 and D-2, gave positive tests for the presence of diacetylmorphine (HEROIN).

(3.) After completion of investigation, a challan was filed against the accused. The learned trial Court framed charge against the accused under Section 8/21 of the Act, 1985, which was denied and he claimed to be tried.