HARI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HON'ble RATHORE, J.- The present criminal appeal is directed against the impugned judgment dated 5. 2. 2005 passed by the Additional Sessions Judge, Beawar, whereby the accused-appellants have been convicted under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the Act of 1985') and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000/- each, in default of payment of fine to further undergo rigorous imprisonment for one year each.

(2.) BRIEFLY stated that facts of the case are that on 3. 6. 2003 at about 10. 00 p. m. , Durga Prasad, ASI along with police party of Police Station Beawar was on patrolling as per the direction of the Superintendent of Police. He carried out `nakabandi' near Chungi-Naka of Masuda Road, Ajmer. During `nakabandi', they were informed by the Police Station Beawar City on wireless that one truck bearing No. RJ-19/g-3381 is coming from the side of Ashapura Temple carrying some bags containing contraband in it. On the basis of the above information, the police party tried to stop the truck but the driver did not stop the truck. Thereafter Shri Radhey Shyam Bhatt, SI followed the truck in the jeep and at about 11. 15 p. m. the said truck was intercepted and stopped by the police party, wherein 3 persons were sitting. Upon asking, they disclosed their names as Hariram S/o Dhannaram, Babulal S/o Chhogarm and Kishnaram S/o Sukhram, R/o- Artiya Khurd, Police Station Bhopalgarh, District Jodhpur. Two independent Motbirs were called before whom search of the truck was conducted. Upon search, 81 bags containing opium doda were recovered. Necessary recovery memo and other documents relating to search were prepared at the spot and all the accused persons found in the truck were arrested and the truck was seized and investigation commenced. During investigation, the statements of the police party as also of other witnesses were recorded.

(3.) LEARNED counsel for the accused-appellant, in support of his submissions, placed reliance on the judgment rendered by the Hon'ble Supreme Court in the case of Gaunter Edwin Kircher vs. State of Goa, Secretariat Panaji, Goa, reported in 1993 SCC (Cri.) 803, wherein the Hon'ble Supreme Court has observed as under:- &nbsp&nbsp&nbsp&nbsp&nbsp" Narcotic Drugs and Psychotropic Substance Act, 1985 - S. 27, Expln. (1)- `small quantity'- Defined by Central Govt. notification dated November 14, 1985 as quantity of 5 gms or less - Two pieces of charas, one weighing 5 gms. and the other 7 gms, alleged to have been recovered from the possession of appellant- But only the piece weighting 5 gms. sent for chemical analysis- Report of chemical analysis confirming that the piece contained charas- In view of failure to send the alleged piece weighing 7 gms for chemical analysis, held, possession of more than the small quantity of charas not established beyond reasonable doubt- Procedure for sending the substance for chemical analysis indicated- Prevention of Food Adulteration Rules, 1955, Rr. 22 and 22-B-Drugs and Cosmetics, Act, 1940, S. 23. "