MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 8.12.94 passed by the learned Sessions Judge, Jaipur City, Jaipur, (Special Judge, NDPS Cases), who convicted the appellant for the offence under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act') and sentenced him to 10 years R.l. and a fine of Rs. 1.00 lakh and in default of fine, shall further undergo R.l. for two years.

(2.) Briefly the relevant facts necessary for the disposal of this appeal are, that on 24.8.92 at about 6 A.M. PW3 Ashok Kumar Saxena, Sub Inspector, Central Bureau of Narcotics (in short CBN) alongwith PW1 Shambhu Dayal, PW2 Bhagwan Singh, Sepoys, CBN checked Rajasthan State Roadways Transport Corporation's Bus No. RJ/14/P 1263, near Chomu Pulia, Jhotwara Road, Jaipur and found appellant Mangiiai in a suspicious manner, sitting on the rear side of the Bus on seat No.47. He therefore, disclosed his identity and asked the appellant as to whether he wanted to be searched in presence of any Gazetted Officer or a Magistrate or by him, whereupon the latter consented to be searched in presence of the bus driver and conductor, PW3 Ashok Kumar thereupon drew memo under section 50(1) of the Act (Ex.P1) and took search of the appellant in presence of motbirs PW5 Shive Narayan and PW6 Mahendra Singh, the driver and conductor of the said bus as also PW1 Shambhu Dayal and PW2 Bhagwan Singh. It is alleged that a long bag was found wrapped around his stomach by the appellant by a Niwar string. The said bag contained a thick white barsati (long packet) inside which there was a polythene bag containing opium which weighed 2.050 Kg. The appellant had no valid licence for possessing and transporting the said contraband. Two samples of 24 gms. each were drawn from the seized opium and those were separately sealed in two packets marked A1 and A2. The remaining contraband opium was also sealed in the said polythene packet in presence of the appellant and the said motbirs vide seizure memo Ex.R2. A bus ticket from Jaipur to Mukandgarh and rupees 26/- in cash were also recovered from the appellant vide seizure memo Ex.P3. The appellant was arrested. Memo of site plan Ex.P5 as also memo of the specimen marks of seal, Ex.P4 and seizure memo of the bus ticket Ex.R 6 were prepared. Shri A.K. Saxena thereafter submitted the First Information Report (Ex.P7) along with the appellant before PW4 Mahesh Kumar, Inspector, Preventive and Intelligence Cell, Narcotic Bureau, Jaipur on the same day, who in turn registered a case under section 8/18 of the Act. On the same day Mahesh Kumar (PW4) sent one sample of the contraband opium (marked A1) alongwith test memo having the fascimile seal impressions (Ex.P 10 & R11) to the General Manager, Government Opium & Alkaloid Works, Neemuch (MP) through a registered insured parcel vide postal receipt (Ex.P9). After chemical examination the Assistant Chemical Examiner, Govt. Opium and Alkaloid Works, Neemuch, (MP) vide his report dated 15.10.92 (Ex.P12) opined the said sample contained 8.2% Morphine, and, as such, the said sample was opium within the meaning of Sec. 2(xv) of the Act. After completion of investigation, criminal complaint was filed by the Inspector, Central Narcotic Bureau, Jaipur in the court of learned ACJM. No.7, Jaipur City, Jaipur, who in turn committed the case to the learned Sessions Judge (Special Judge, NDPS Cases, Jaipur).

(3.) To prove its case, the prosecution examined as many as six witnesses. The appellant in his statement under section 313 Cr.RC. denied all the circumstances appearing against him in the prosecution evidence. However, he admitted that he was arrested by the Sub Inspector, Narcotic Bureau. In rebuttal he did not adduce any evidence. After trial, the learned Special Judge, by his impugned judgment found the appellant guilty for the offence under section 8/18 NDPS Act and sentenced him in the manner detailed ad ultra.