MOHAN RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant SB Criminal Appeals under section 374 (2) of Code of Criminal Procedure, 1973 have been preferred by the accused/appellants against the judgment dated 14/01/2009 passed by learned Special Judge (NDPS Cases), Jhalawar in Sessions Case No. 16/2006 State v. Mohan Ram and Anr. , whereby, the learned trial Court has convicted the accused/appellant Mohan Ram and Ramesh Chand for offence under Section 8/15 (c) of NDPS Act and sentenced each of them with 10 years' rigorous imprisonment and a fine of Rs. 1,00,000/-, and in default of payment of fine, to further undergo one year's rigorous imprisonment.

(2.) Brief facts of the case, are that on 29/09/2005, SHO, Police Station Aklera, District Jhalawar Shri Khemraj (PW-4) along with police party, was on patrolling on the Harnawada Road near brick kilns, where he saw two persons loaded with one sack each on their back and one sack was lying on the earth. When asked about contents of the sacks, they threw the sacks and tried to escape, then the police party caught them. When asked about their names and addresses, one of them introduced himself as Mohan Ram son of Surta Ram Jat and another one introduced him as Ramesh son of Shivram Lodha. On suspicion of being contraband in the sacks, constable Parmanand (PW-6) amongst the police party, was sent to call independent witness, who came back with Ghanshyam (PW-3) and Ram Bharosh @ Bhuria, who consented to be independent witnesses. The accused/appellants were served with notice under section 50 of the NDPS Act, that they have a right of being searched in presence of any Gazetted Officer or Magistrate, but the appellants gave their consent in writing for search by the SHO himself. Thereafter, mouth of the sacks were opened and seen, smelt and tasted, then "doda chura" (poppy straw) of Narcotic Drug Opium was found. When asked about license for the possession of the contraband, both the appellants denied having any license. Weighing machine was brought by Constable Kailash Chand. All the three sacks were weighted. Weight of sack containing "doda chura" (poppy straw) with the appellant Mohan was found to be 24Kg 500gms and weight of sack with Ramesh was 19Kg and 400gms and the weight of sack lying on the earth was 8Kg 900gms. Samples of 500gms from each of the sacks were taken. Samples were sealed and marked on the spot. Sacks of remaining "doda chura" (poppy straw) were also sealed on the spot and marked. Recovery memo and memo of sample seals were prepared on the spot. The accused persons were arrested. On return at Police Station, FIR No. 251/2005 under Section 8/15 of NDPS Act was registered and the investigation was handed over to Circle Officer, Aklera and the sacks containing the contraband, were resealed in Police Station.

(3.) After completion of investigation, police filed charge-sheet against the accused/appellants before the learned trial Court for offence under Section 8/15 of NDPS Act.