ROLAND MARKAS GOONTHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) this appeal is directed against the judgment dated 24th May 1988.

(2.) Learned Additional Sessions Judge, No. 2, Ajmer, convicted the present appellant under section 20-B of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act).

(3.) Prosecution story unfolded during the trial is that 160 grams of Tcharas was recovered from the person of the present appellant. Hanuman Singh, P.W. 8, - received the information that a foreigner is selling the drugs and he is sitting nearby the Gujaron-ka-Shamsan. He proceeded with the police party consisting of P.W. 2 Guman Singh, P.W. 3, Jagdish Prasad, P.W. 4 Mooldan, P.W. 5 Jagdish Prasad, son of Radha Kishan. P.W. 6 Banshidhar and P.W. 7, Madan Singh. It is alleged that search of the present appellant was taken in the presence of Gureharan Singh, P.W. 1. Seizure memo Ex. P.1 was prepared on the spot and the accused-appellant was arrested. The First Information Report of the occurrence was lodged at the Police Station just within an hour. The articles seized were also deposited in Maklhana and Ex. P. 3 has been produced to show that charasT which was seized has been deposited in the Malkhana. It is alleged that the same was forwarded to the Forensic Science Laboratory through messanger, P. W. 6, Banshidhar. The packet containing the sample was examined by the Forensic Science Laboratory and the report Ex. P. 6 was forwarded to the investigating agency. Forensic Science Laboratory found the article as charas.