HADMAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Special Judge, NDPS Cases, Jodhpur, dated 17.1.2004 whereby he convicted accused appellant Hadman Ram under Sec. 8/18 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred-to as "the Act") and sentenced him to undergo 12 years' rigorous imprisonment and a fine of Rs.1,20,000.00 and in default, to further undergo one year & two months' R.I. He was also convicted under Sec. 279 Penal Code and was sentenced to three months' R.I. & a fine of Rs.500.00 and in default, to further undergo 15 days' R.I. However, accused Budhha Ram and Bhagwana Ram were acquitted for the offence u/s.8/18 of the Act.

(2.) The facts leading to this appeal are that on 10.10.2001 at 11.30 AM, when A.S.I. Roop Singh of Police Station, Raniwada was patrolling in Govt.jeep No.RJ 14-2C-408 driven by Uka Ram, they saw a trolla jeep bearing No.RJ 16G 788 coming from Jaitpura side, which collided with the Govt.vehicle. The driver of the Govt.jeep Uka Ram told that trolla was driven by Hadman Ram. They rushed towards the trolla in the Govt.jeep but to no avail. Thereafter, the SHO, Police Station, Karda was informed for doing Nakabandi of the said vehicle. At 12.15 PM, trolla lost its balance. The driver and his two associates ran away from the spot. When trolla was checked, they found 5 bags containing semi solid liquit and having smell of opium. The information was sent to the higher officers u/s.42 of the Act. At 1.45 PM, Dy.S.P., Bhinmal came on the spot and at 3 P.M., Head Constable Pokar Ram of Police Station, Karda reached at the spot with the three accused persons, who earlier ran away from the trolla. Uka Ram told that Hadman Ram is the same person, who was seen driving the trolla and on being asked, Hadman Ram told that the trolla was driven by him and he purchased it from one Bhanwarlal. The associates of Hadman Ram viz; Budhha Ram and Bhagwan Ram, upon being asked, narrated that it contained opium milk. There were 27 packets of opium milk weighing 102.250 kgms. 30 gms. of sample from each packet of opium milk was taken, sealed & sent for chemical examination and after completing the formalities, the case was registered against them. All the three accused were arrested and the said vehicle was seized and, thereafter, the challan was filed. Accused Hadman Ram was charged for the offence u/s 8/18 of the Act alongwith Sec. 3 of the PDPP Act and 279 Penal Code and accused Bhagwana Ram and Budhha Ram u/s.8/18 of the Act, to which they pleaded not guilty. The prosecution examined 19 witnesses. The statements of the accused appellants were recorded u/s.313 CrPC. They produced three witnesses in their defence. After hearing the arguments, the learned trial Judge acquitted Bhagwana Ram and Budhha Ram for the charges levelled against them but convicted accused appellant Hadman Ram as above.

(3.) Learned counsel for the appellant has vehemently argued that there was no conscious possession of the recovered contraband opium milk with the accused. Neither they were arrested on the spot nor the recovery was made in their presence. They have been implicated merely because of their enmity with Uka Ram, driver of the Govt. jeep. According to the learned counsel for the appellant, the recovered articles have not been proved in the court also and various provisions of the Act have not been complied with.