GIRI RAJ & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal under section 374(2) of the Code of Criminal Procedure, 1973 (the Cr.PC.) from the judgment and order dated 21.1.1989 whereby the learned Sessions Judge, Jhalawar, in Sessions Case No. 122 of 1987 State Vs. Gir Raj & Ors. , convicted and sentenced the appellants to ten years rigorous imprisonment and fine of Rs. 1 lakh each for having committed the offence under section 8 punishable under section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the NDPS Act').

(2.) The prosecution case, as is disclosed by the evidence on the record of the lower court, is as under:

(3.) On April 13, 1987 PW 11 Raghu Nath Singh, Asstt. Sub- Inspector and Incharge Police Station Gangdhar in Distt. Jhalawar, received a secret information at 8.30 A.M. that three Meenas were wandering in Chomehla Mandi to take away some opium. He recorded this information in the Roznamcha at S.No. 370 (Ex.P. 12), took PW 1 Faridallah Khan, Head Constable, PW 10 Charan Singh L.HC, Haley Singh L.C. from the Police Station and Ram Kumar, Bhim Singh, Satnam Singh and Ram Narayan constables from Police out post at Chomehla with him and reached the Railway Station. On seeing the appellants on the Kalbi Road near the Railway Station, he stopped them & interrogated them. On interrogation all the three appellants are stated to have told Raghunath Singh ASI that they had purchased 2 Kg. 750 Gms. of opium from one Gulab Nai of village Devariya (the fourth Co-accused acquitted by the learned trial Judge) and kept the same in the small plastic bags in a big black bag in the "Nai" of a well at some distance. The appellants, allegedly led the police party to the well of PW 2 Onkar Lal, situate at a distance of two furlong away from that place and recovered a big black bag from inside of the "Nai" (Iron-pipe meant to take water from the well). Two plastic bags, one containing 9.50 gms. of opium, semi-liquid, and the other 1.750 kg. of similar substance were recovered from the big black bag. Two samples of 30 gms. each were prepared and sealed from each of the substance in the two small plastic bags. The remaining substance of each of the bags was separately sealed. All the three appellants were arrested. The police party, alongwith the appellants and the seized & sealed opium packets returned to the police station and the arrival was noted down in Roznamcha at S.No. 375 at 2.00 PM. (Ex.P. 13). Crime No. 25/87 under section 8/18 of the Act was registered against all the three appellants and Gulab Nai, aforementioned (vide Ex.R 14). All the six sealed packets were delivered to PW 9 Murlidhar, Malkhana l/C PS. Gangdhar who made necessary entries in the Malkhana Register (Ex.R 11). The samples of opium, sent to the State Forensic Science Laboratory for Rajasthan at Jaipur (F.S.L.) through PW 3 Chotu Lal constable, were found containing the impermissible percentages of "Morphine". Raghunath Singh ASI kept the investigation with him, and arrested the fourth accused Gulab Nai, aforementioned, on 16.4.87 (Ex.R 15).