HARDEO GUJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27th January 1988, passed by the learned Sessions Judge, Ajmer, in Sessions Case No. 25/86. Learned Sessions Judge convicted and sentenced the present appellant under the Narcotic Drugs and Psychotropics Substance Act, 1985, to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/ -. In case of default in payment of fine, accused appellant was further directed to undergo rigorous imprisonment for one year.

(2.) PROSECUTION story unfolded during the trial is that on 26th November, 1985 at about 4 A.M., ASI Bajrang Lal. Police Station Pushkar. accompanied by Constable Prem Singh and Mool Dan, left for patrolling duty in the Pushkar fair. While the two officials were having their Patrolling round, they were informed by an informant that one Hazari Gujar resident of Pagara who used to traffic in opium had brought opium and was around the Gujaron -ka -deora near the Brahmaji temple. On receiving this information all the three Police officials reached Gujaron -ka -Deora. There they found a man sitting on the Chabutra outside the Deora. The man had a bag in his hand. On search being taken of the bag. a packet of plastic paper containing opium was found in the bag. The opium recovered weighed 350 gms. in weight. Accused was asked as to whether he had any licence or permit for the possession of the drug to which he answered in negative, sample weighing 30 gms. was taken out of the substance recovered and was sealed in a separate packet. Rest of the recovered material was sealed in a separate packet. The accused was placed under arrest and was taken to the Police Station, Dara Pushkar, where the written report Ex. P. 3 was lodged by the ASI Bajrang Lal, where upon the FIR Ex. P. 4 was recorded. Accused was charged under Section 8/18 of the Act of 1985. Accused pleaded not guilty and claimed to be tried. During the trial the evidence of the prosecution and defence witnesses was recorded. Learned Sessions Judge found the accused guilty and convicted and sentenced him as referred above.

(3.) LEARNED counsel for the appellant has also cited before me the case of Umrav v. State of Rajasthan 1988 RCC 133. My brother Hon'ble Mr. Justice Farooq Hasan has held as under: Section 42. Whether Police Officers -SHO or of the rank of Inspector had no jurisdiction or authority to make search, seizure in absence of specific notification under the Act and the trial and conviction of the accused is thus vitiated -Held, yes.