PURANMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants, convicted for offence of contravention in relation to opium poppy and opium, which is an offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), and also the first appellant convicted for offence of allowing premises etc to be used for commission of offence, which constitutes offence under Section 8/25 of the NDPS Act, have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'). The Special Judge, NDPS Cases, No.1, Chittorgarh (for short, 'learned trial Court') by judgment dated 1st of October, 2015, while holding guilty for aforesaid offences, handed down following sentences to the appellants:

(2.) The facts apposite, unfurling prosecution case, are that on 24th of August, 2005, at 8 AM, Circle Officer, Nimbaheda, District Chhitorgarh, Mr. Yogesh Goyal, received an information from Mukhbir about three persons of Kumhar caste, residents of village Chorliya Mewasa, coming on motorbike No.RJ-09-5M4474 from their village with destination of Arnoda Batho, carrying opium poppy and opium to be delivered to opium traffickers/smugglers near Arnoda Batho. The C.O., thereupon reduced the said information in writing and immediately endorsed a copy thereof to his immediate superior under subsection (2) of Section 42 of the NDPS Act. Thereafter, the police team with requisite investigation material proceeded from police station and on the way summoned Motbirs and after obtaining their consent to act as such, reached the spot to arrange 'Nakabandi'. At the spot, when the police team was vigilantly waiting for arrival of the motorcycle, a motorcycle reached there with three persons seated on it; one driver and two pillion riders. Upon seeing the police party, the driver of the motorcycle made an attempt to take a reverse turn at about 25 mtrs away from Nakabandi but his that attempt failed as due to the high speed of motorcycle it skidded on its right side.

(3.) Immediately, thereafter, the driver of motorcycle and the second pillion rider fled away from the scene but other pillion rider carrying one bag in his hand was apprehended by the police. On inquiry, he revealed his name Girdhari and further divulged the names of two others as Puranmal and Govind, i.e. both the appellants. The motorcycle was checked thereafter and its registration number matched the information of Mukhbir. Accused Girdhari was apprehended on the spot, served a notice under Section 50 of the NDPS Act and apprised his right in connection with his personal search and seizure in presence of Gazetted Officer or a Magistrate. Be that as it may, eventually, the search and seizure proceedings were undertaken by the concerned C.O. The bag, which accused Girdhari was carrying, was searched and in the bag three small polythene bags showing weight 7 kg, 4 kg and 4 kg respectively were found. All the three polythene bags were opened and when smelt opium was found therein for which no licence was available with Girdhari.