MITHU LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal is directed against the impugned judgment dated 27.8.2002 passed by the District and Sessions Judge, Ajmer, whereby the accused-appellants have been convicted under Section 8/18 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 15 months each.

(2.) Briefly stated the facts of the case are that on 21.4.2001 at about 11.30 P.M., an information was received by the SHO PW-10 Bhanwar Dan at Police Station Sarwad from an informant to the effect that Mithu Lal S/o Sujan, Rio Bherukheda and Mithu Lal S/o Hukma, R/o Goyla carrying opium dodapost in a Mahendra Jeep bearing No. RJ-01/G-4471 will pass through Arwad Circle to Goyla. Superintendent of Police and Additional Superintendent of Police, Ajmer City were informed about the message and Circle Officer, Kekri was also informed to this effect. Thereafter the SHO along with police party reached at Arwad Circle at about 12.45 A.M. in the night and the Circle Officer, Kekri also reached there. At about 1.30 A.M., the jeep was intercepted, but due to darkness one person made himself scarce and three persons were caught and stopped. Upon asking about their identity, they disclosed their names as Mithu Lal S/o Hukma, R/o Goyla, Gopal S/o SurajmalSujan, R/o Bherukheda and Ramswaroop S/o Chatra, R/o Bherukheda. After following due process of law, search was conducted and as many as 8 bags containing opium doda-post were recovered from the jeep. The accused were not having valid licence for possessing the same. Upon weighing the opium doda-post recovered from the accused, total weight of the same comes to 216.500 Kgs. Thereafter sample of 500 gms. from each bag was taken and the same was sent to FSL for chemical examination. After taking samples, the bags were sealed and marked and a case under Section 8/18 of the Act of 1985 was registered against the accused-appellants and they were arrested. Subsequently challan for the aforesaid offence was filed by the police in the Court.

(3.) The trial Court after having gone through the material collected during investigation and placed before it and considering the rival submissions of the respective parties, framed charge under Section 8/18 of the Act of 1985 against the accused-appellants, who denied the charges. The prosecution in support of its case examined as many as 10 witnesses. The accused-appellants were also examined under Section 313 Cr.P.C.