SHOUNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27-8-96 passed by learned Special Judge, N.D.P.S. Cases, Chittorgarh in Sessions Case No. 38/95 whereby the appellant Shounath has been held guilty under Section 8 read with 15 of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act) and sentenced to 10 years' rigorous imprisonment and a fine of Rs. one lac or in default one year rigorous imprisonment. The other co-accused Nanunath was acquitted of the offence under Section 8/29, N.D.P.S. Act.

(2.) The prosecution story as revealed from the F.I.R. Ex. P.1 is that on the basis of secret information on 17-9-94 the S.H.O., Bengu Netrapal Singh and A.S.I. Mahavir Singh went to private Bus Stand. A bus bearing No. R J H 3149 came from the side of village Chechi and the appellant alighted from the bus with two bags. The appellant took the bags at some distance and sat on those waiting for the bus for Bhilwara. S.H.O. Netrapal Singh along with two motbirs Chhitra Gujar and Mangi Nath inquired from the appellant his name and for taking search informed him of his right to be searched in the presence of a Gazetted Officer or a Magistrate under Section 50 of the N.D.P.S. Act. The appellant gave his consent for search by the S.H.O. Netrapal Singh, who on search found 25 Kgs. and 19 Kgs. poppy straw in the bags. Two samples from each bag were taken and sealed, which were marked A1 and A2 and B1 and B2. The bags were also sealed and marked A and B. The chemical examination of the samples gave positive test for the presence of chief constituents of opium and it were dried crushed capsules of poppy from which juice had been extracted. After completing the investigation charge-sheet was submitted against the appellant and Nanu Nath from whom the appellant obtained the dried crushed capsules of poppy.

(3.) The appellant and Nanu Nath denied the charges levelled against them. Appellant Shounath stated in his statement under Section 313, Cr.P.C. that he was sick. He had gone to the temple of Bor. He was caught at the Bus Stand but no poppy capsules were recovered from him. The prosecution examined 10 witnesses. The accused did not produce defence evidence. The learned Special Judge after appraisal of the prosecution evidence came to the conclusion that poppy capsules were recovered from the possession of the appellant and convicted him as stated above. The above co-accused Nanu Nath was, however, acquitted of the charge under Section 8 read with 29, N.D.P.S. Act.