MEGHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal from the judgment and order dated 25-7-1992 whereby the learned Sessions Judge, Jaisalmer held the petitioner guilty of the offence under S. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act), convicted him as such and sentenced him to 10 years' R.I. and Rs. 1 lac fine.

(2.) Briefly stated the prosecution case is that on Sept. 2, 1989 at about 6-00 p.m. at police station Jaisalmer PW-6 Pratap Singh Station House Officer (SHO) received a secret information to the effect that a short-statured man, who named himself as "Chaudhary" was loitering around the hotels near the Railway Station and speaks of selling opium. The SHO took some of the members of subordinate staff with him and immediately left for the Railway Station. On reaching the Railway Station the SHO noticed the appellant going towards the back side of a hotel. On being given a call the appellant allegedly tried to run away but was apprehended by the police men accompanying the SHO. On being questioned about his name and contents of the bag with him, the appellant allegedly stated that he was Magha Ram Jat of village Bhiyad but with 4 S.D. Supply Depot at that time and that his bag contained opium. The SHO asked him whether he would like to be searched in presence of a Gazetted Officer or a Magistrate but the appellant expressed his readiness to be searched by the SHO and his men. Two independent witnesses, namely PW-3 Ratan Singh and PW-4 Amar Singh were called and in their presence search of appellant's bag was made. Substance of blackish colour weighing 1 Kg. kept in a "Jalphoo" was recovered therefrom. The substance was suspected as being opium. One sample of 30 Gms. was prepared in a "tin dibbi" which was duly sealed. The remaining opium was separately sealed. Signatures of the witnesses were obtained on the sealed packets. The appellant was arrested. The police party returned to the police station along with the appellant and the sealed packets. The sealed packets were deposited in the police Mal Khana. Later on, the small sealed packet was sent to the Forensic Science Laboratory, Rajasthan, Jaipur (F.S.L.) for Chemical Examination. The Asstt. Director, FSL on examination of the contents of the sealed packet, certified the same containing l-78% coagulated juice of opium poppy. After completing the investigation the appellant was charge-sheeted and on trial by the learned Sessions Judge convicted and sentenced in the manner stated above.

(3.) Mr. K. R. Chaudhary, the learned counsel for the appellant, urged that since the mandate contained in Ss. 50 and 57 were not complied with in this case, the trial of the appellant got vitiated and he was entitled to an acquittal. In support of his arguments, Mr. Chaudhary relied upon a number of decisions of this Court as well as those of the Apex Court. In particular, reference was made to the decisions of this Court in the cases of (1) Nathiya v. State of Rajasthan 1991 (2) RLR 15, (2) Bala Ram v. State of Rajasthan, 1993 (1) RLR 494, (3) Ram Kumar Singh v. State of Rajasthan, 1994 (1) RLW 11, (4) Prem Singh v. Union of India, RLW (2) 675 (sic), (5) Nagendra Singh v. State of Rajasthan, 1996 (3) WLC (Raj) 247, of the Bombay High Court in (7) Hamid Khan v. State of Maharashtra. 1996 Cri LJ 2722 and of the Supreme Court in (8) State of Punjab v. Balbir Singh (1994) 3 SCC 299 : (1994 Cri LJ 3702) and (9) S. Mohd. v. State of Gujarat 1995 (2) RLW SC 28.