DALVINDER SINGH Vs. U O I

JUDGEMENT

(1.) Special Judge (N.D.P.S. Cases). Kota tried Dalvinder Singh, Kewal Krishna and Phugni Ram appellants for offences u/s 8/15 & 8/18 and Balchand respondent in Cr. Appeal No. 425 of 1995 for offence u/s 8/25 of the Narcotics Drugs & Psychotropic Substances Act. 1985 (the NDPS Act). By his impugned judgment and order dated 27-10-1994, passed in Sessions Case No.2 of 1994 State v. Dalvinder Singh & Ors., the learned Judge convicted and sentenced the three appellants to 15 years R.I. and fine of Rs. 1.5 lakhe each, Balchand respondent was however, acquitted of the offence u/s 8/25 NDPS Act. The three convicted persons preferred a joint appeal being Cr. Appeal No. 625 of 1994. Phugni Ram appellant preferred a jail appeal Cr. A. No. 103/95) also. Union of India challenged the order of acquittal of Balchand accused by preferring Cr. A No. 425 of 1995. All the three appeals were heard together and are disposed of this common judgment.

(2.) Relevant facts are these: Under instructions from the Deputy Narcotics Commissioner Kota a preventive party consisting of PW 3 Rama Shankar Prasad, superintendent (Executive), PW 4 Raja Ram. PW 5 Nand Lal, PW 8 Shiv Narain. Inspectors. PW 6 Bajrang Lal Sepoy and some others stationed itself on 2-12-1992 at about 10.00 AM. near Toll tax Barrier on Kota-Bundi road to check suspected vehicular traffic. At about 10.30 AM. Truck No. D1-IG-2932, loaded with onion-bags and being driven by its owner, driver, Dalvinder Singh appellant, reached the barrier and was stopped for checking by the members of the Checking party. Krishna Kumar appellant as owner of the goods being transported in the vehicle and Phugni Ram, appellant, as conductor cleaner of the vehicle were occupying seats in drivers cabin. On interrogation, the checking party suspected the bona-fides of the occupants of and the nature of the, goods being transported in the vehicle. The members of the checking party, therefore, took the appellants with their loaded vehicle and the two Motabirs. PW-1 Manof Kumar and PW 2, Dinesh Kumar, who were the servants of the contractor of the toll tax at the barrier with them to the Control Room. Central Bureau of Narcotics. Kota for search of the vehicle. After informing the appellants of their right to get themselves and their vehicle searched in presence of a gazetted officer, who PW-3 Ram Shankar Prasad was or before a Magistrate and on the appellants offering the search of their persons and their vehicle in presence of the gazetted officer the vehicle was searched and unloaded. Beneath the 70 bags. containing onion. 151 gunny bags containing poppy straw were recovered. Yet from under those gunny bags two urea fertilizer polythene bags containing 11 raxine packets with semi-solid opium filled therein were recovered. Poppy straw weighted 6: 191.00 Kgs. The contraband opium weighed 51.100 gms. All were duly seized. Ten samples of the contraband opium, weighing 24 gms. each and eight samples of poppy straw, weighing 500 gms. each were prepared and duly sealed as per rules. The appellants were arrested. The goods, vehicle etc. were seized. The sample packets were taken by PW 7 Ramakant Tiwari to the Chemical Examiner at Govt. Opium & Alkaloid Works. Neemuch (M.P.) for examination. The chemical examiner, vide his reports Ex. P. 16 and Ex. P. 17, reported on qualitative and quantitative analysis that each of the samples of opium contained morphine and each of the two samples poppy straw as per definition in Sec. 2 (XV) and 2 (XVIII) of NDPS Act respectively. The reports of the Chief Chemical Examiner have not been challenged before me.

(3.) On being interrogated by the Superintendent. Dalvinder Singh and Kewal Krishna appellants are alleged to have given informations that the Poppy straw and the contraband opium had been loaded in the vehicle from the house of Balchand respondent at village Goghatpur, P/s. Manchalpur, Distt. Rajgarh (M.P.). A party headed by PW 5 N.L. Rai. Inspector, made a search of the two rooms in the Nohra of Balchand respondent on 4-12-1992 at 10.00 P.M. and seized a Special machinery used for grinding poppy straw and some empty polythene and gunny bags for filling the powder. The articles recorded were seized and Balchand respondent was arrested. On a complaint containing such facts the three appellants and Balchand were tried by the learned Special Judge and were finally dealt with in the manner stated above.