SATTAR MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal from jail has been preferred by Sattar Mohammed against the judgment dt. 21 -6 -68 passed by the Additional Sessions Judge No 1, Kota by which, he convicted the appellant Under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (here in after to be referred as the Act) and sentenced him to 10 years' rigorous imprisonment and a fine of Rs. 1,00,000/ - in default of payment of fine, to under go one year's R.L

(2.) ASI Mukhpal Singh along with other Police Constables of P.S. Makbara was on patrolling on 25 -3 -86 The ASI was given information by tome informant that a person named Abdul Sattar is sitting near the Ice Factory with some drug in, small packets, At this ASI along with Police Constables and Shobba Ram and Abdul Rasheed came to Ice Factory at 10.35 am. He found Abdul Sattar sitting on the coiner of Ice Factory and in presence of these persons search was taken and 14 packets were found in his pocket. On opening these packets he found some narcotic content in them. Those packet were weighed and the weight of the packet was found to be of 13 grams. Abdul Sattar had no licence to sell the drug so he was found to have committed the offence Under Section 8/18 of the Act. The ASI submitted this written report Ex. P. 3 to the S.H.O. P.S. Makbara along with Abdul Sattar and the seized articles. During investigation the sealed articles were sent to Forensic Science Laboratory (FSL) for examination. Thereafter, the charge sheet was submitted,

(3.) THE learned Amicus Curiae argued that the recovery should not be believed. While seizing the articles there were two independent witnesses. Abdul Rasheed (PW 1) was one of the recovery witnesses who has not supported the prosecution story and was declared hostile. Another independent witness Shobba Ram was not produced by the prosecution. There remains only the statements of police officials, So the fact of recovery of the articles has not been established.