SHANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment dated July 27, 1987, of the Sessions Judge, Jalore, convicting and sentencing the appellant for the offence under section 18 of {he Narcotic Drugs and Psycho tropic Substances Act, 1985, (hereinafter referred to as the Act), to 10 yearsT R.I. and a fine of Rs. one lakh and in default of payment of fine to further undergo 1 years R.I.

(2.) The prosecution case, in brief, was that on Feb. 26. 1986, Shri Swaroop Singh, Station House Officer, Bheenmal, arranged a naka-bandi near the Neel Kanth Mahadev temple on Bheenmal Joojani Road. At about 12.30 p.m., a motorcycle P.N.Z. 2167 came from Joojani side. Accused Shantilal was driving the said motor-cycle. The Police party made a signal to stop the cycle but the accused did not comply. He took it into the kacha, where it stopped. The accused was apprehended. He had a canvas bag which contained opium in liquid form weighing 5 Kg. and 600 gms The opium was seized and sealed. A sample of 30 gms. was taken and sent for analysis to the State Forensic Science Laboratory, Rajasthan, Jaipur. On chemical examination, it was found to contain opium having 3.4% morphine. After investigation the police filed a challan against the accused in the court of Munsiff and Judicial Magistrate, Bheenmal, who committed the case for Trial for the Court of Sessions.

(3.) The accused was charged for the offences under sections 8/18 of the Act. He pleaded not guilty and claimed to be tried.