KAMAAL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant appeal, under section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.), accused-appellant has assailed judgment dated 14th of May 2015, passed by Special Judge, NDPS Cases, Pratapgarh (for short, 'learned trial Court'). The learned trial Court by the impugned judgment, convicted appellant for offence under Section 8/21, 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and for offence under Section 3 read with section 25 of the Arms Act, 1959 and handed down following sentences: <FRM>JUDGEMENT_319_LAWS(RAJ)2_2018_1.html</FRM> All the sentences were ordered to run concurrently.

(2.) Succinctly stated, the facts of the case are that on 26th of April, 2004 at 1 PM, SHO PS Suhagpura received an information, from Mukhbir pertaining to a black burkha clad lady Ms. Laxmi Raju, resident of Bombay, for carrying illegal brown sugar in a roadways bus No.RJ-17-P-0622 from Pratapgarh to Banswara. Considering information of the Mukhbir to be authentic and reliable, requisite followup action was undertaken. Realizing that legal formalities may take some time and in the meanwhile the lady is likely to abandon contraband, the information was entered in Rojnamcha. Subsequent to that, Constable Nathu Ram was deputed to personally divulge all these information's to controlling officer Deputy Superintendent of Police, Circle Pratapgarh, Addl. Superintendent of Police, Pratapgarh and Superintendent of Police Chittorgarh. The SHO with his team consisting of Chhattar Singh, Mahendra Singh, Sarif Khan proceeded from the Police Station with investigation material at 1:15 PM and reached opposite to Police Station on Pratapgarh-Banswara road at 1:20 PM. Thereafter, Constable Mahendra Singh was sent for summoning Motbirs and he arranged two Motbirs Bhuralal and Govind. The summoned Motbirans were then furnished information under Section 41(2) of the NDPS Act and apprised about the information of Mukhbir followed by notices to them soliciting their consent which both of them conveyed in writing.

(3.) Later on, SHO with his team and Motbirans started barricading at 2 PM and during barricading roadways bus No. RJ 17-P-0622 came from Pratapgarh, which was intercepted by giving signal. After the bus halted, same was checked in presence of its driver, conductor and Motbirans and lady viz. Laxmi Raju was found occupying seat No. 10 of the bus. After locating the lady and verifying her identity in terms of information received from Mukhbir, she was asked to alight from the bus. On her alighting from the bus, she was asked to disclose her name then she admitted her name Laxmi Raju resident of Matahari, Masibunder Santkam Road Bombay No. 9 PS Mayadhune, Bombay. The bus then left for its destination and lady Laxmi Raju was served a notice under Section 50(1) of the NDPS Act apprising her about the information of Mukhbir. Pursuant to notice under Section 50(1) of the NDPS Act, wherein the SHO concerned given her three options for carrying out search and seizure; viz., in presence of Gazetted Officer, Magistrate or the concerned SHO, she consented for search and seizure by the SHO concerned. This sort of situation facilitated in presence of Motbirans and the requisite search was undertaken by a lady, Ms. Basanti W/o. Prakashchand Regar, due to absence/non-availability of a lady constable.