GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal is directed against the judgment dated 5-8-1988 whereby, the Sessions Judge, Ajmer convicted the appellant under section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to 10 years R I. and a fine of Rs. 1- 100,000/- in default of payment of fine, to further undergo two years R.I.

(2.) On 12-4-1986, the appellant was taken into custody by Head Constable Amanullah at railway platform Ajmer. In the morning at 7.45 a.m. the Head Constable was checking the passengers who were getting down from the train. Appellant Gopal seeing the Head Constable wanted to avoid him and he turned back. Gopal was interrogated by the Head Constable and during the interrogation the Head Constable felt something in the pocket of Gopal and from the pocket of his Bakhtari (shirt) one plastic glucose bottle was taken out. It was having opium. He was asked about the licence But he refused to have it. Gopal was brought to the Police Station where in presence of the witnesses his search was taken. Opium weighing 800 gms. was found in possession of Gopal. Two samples each of 30 gms. were taken from that opium and sealed in two packets. One sample was sent to Forensic Science Laboratory (F.S.L.) for examination and the report of it was that the sample marked as A was found to be of opium having 6.O2% Morphine. Thus, after concluding the investigation challan was submitted.

(3.) The accused was charge-sheeted under section 8/18 of the Narcotic Drugs Act who pleaded not guilty and claimed trial. The learned Sessions Judge after concluding trial found the accused guilty of the charge and sentenced him the minimum sentence provided in the Act i.e. 10 years R.I. and a fine of Rs. 1,00,000/-, In default of payment of fine, to further undergo two years R.I.