BHOMA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGMENT :- This appeal is directed against the Judgment dated 21-6-1995 passed by the learned Special Judge N.D.P.S. Cases, Jodhpur whereby the accused-appellant Bhomaram was held guilty of the offence under S. 8 read with S. 18 of the N.D.P.S. Act and was sentenced to rigorous imprisonment for ten years together with a fine of Rs. 1 lac and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) The prosecution case briefly stated is that on 2-10-1994, the Customs Officer Balotra Range, Balotra had barricated the road near Siono-ki-Dhani in pursuance of a secret information received from the Intelligence Department. At about 11.15 AM, they boarded a bus and when that Bus stopped at Balotra Bus Stand, it is alleged that the accused-appellant tried to run away carrying a green coloured bag in his hand. However, he could not succeed in escaping because the Customs Personnel apprehended him. On his search, 500 gms. of opium and 200 gms. of opium milk (Juice) were recovered from the said bag.

(3.) It is relevant to mention here that before taking search of the accused, the Customs Officers informed him that the search may either be made before a Gazetted Officer or a Magistrate. However, the accused expressed his desire to be searched before a Gazetted Officer. Therefore, the accused was taken before a Gazetted Officer and then the above search was made. After search, a seizure memo Ex. P. 1 was also prepared. The accused was also interrogated under S. 67 of the Act. The Custom Inspector also took two samples of 30 gms. each of opium as also of opium juice (milk). Those samples were sealed. The seals that were placed on the samples and the remaining packet were of the specimen as found in Ex. P.1. The above packets were later on deposited with P.W.3 Brijbhushan Das Agrawal who was working at the relevant time as Superintendent of Customs, Barmer. P.W.3 Brijbhushan made an entry of the above articles in Malkhana Register at S.No. 1/1994. An inventory Ex. P. 4 was also prepared which contains the signatures of Brijbhushan Das Agrawal. The entry in the Malkhana Register is Ex. P. 5.