RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal s directed against the judgment of the learned Special Judge, NDPS Act Cases, Pratapgarh, whereby he convicted accused appellant Ratanlal of the offence u/s.8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred-to as "the Act" and sentenced him to ten years' R.I. and a fine of Rs.one lac and in default to further undergo one year's R.I.

(2.) The charge against the accused appellant Ratanlal was that the opium measuring 11.500 kg. was recovered from his house situated at Village Gadola on 30.4.2001 at 8.50 A.M. The information regarding the accused having opium in his house, was received by the S.H.O. Raghuveer Singh (PW 1), which he entered in the Rojnamcha Report and on being convinced that the opium may be removed, he went at the site, gave a notice to the accused Ratanlal under Sec.50 of the Act and conducted search. He found the opium kept in a steel tank recovered from the chowk of the house, on being dug-out. Upon asking, no licence was found for keeping the illicit opium. The same was recovered after taking the sample which was sent for chemical examination and thereafter completing the formalities of Sections 52 and 55 of the Act, challan was filed against the accused. The accused was charged u/s.8/18 of the Act, to which he pleaded not guilty. The prosecution examined ten witnesses. The statement of accused u/s.313 Crimial P.C. was recorded. He produced Ram Chandra (DW 1) in his defence. After hearing the arguments, the learned trial Judge convicted the accused as above.

(3.) Learned counsel for the accused appellant has confined his argument in this appeal only on the question of possession of the accused over the contraband opium. In this connection, he has drawn my attention towards the statement of Raghuveer Singh (PW 1) and Amar Singh (PW 6), who were the searching Officers.