RAJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGMENT :- The appellants have filed this appeal under S. 374, Cr. P.C. against the judgment dated 18-9-1997 of the learned Sessions Judge, Pratapgarh passed in Sessions Case No. 199/94 whereby both the accused have been convicted for the offence under S. 8 read with S. 18 of the N.D.P.S. Act (hereinafter referred to as 'the Act') and each appellant has been sentenced to 10 years' rigorous imprisonment and to pay a fine of Rs. 1 lac, in default of payment of fine to undergo six months imprisonment.

(2.) Briefly stated the relevant facts are that the S.H.O., Shri Rajendra Singh is alleged to have received some secret information that contraband opium would be sold by Rajmal and Ramnarain. This information was then forwarded to the Dy. S. P., Chhoti Sadri and Additional S.P., Pratapgarh. Thereupon acting on the above secret information the Dy. S.P., Chhoti Sadri organised a patrolling party and armed with petromax and other necessary items reached Nikum Road at Sarthala Mod. During the patrolling they saw a motor cycle coming towards their side. It was intercepted. The motor cycle was being driven by Rajmal and the other accused was the pillion rider. Shri Krishna Kumar Khamesara, P.W. 2 suspected that the accused were in possession of the contraband opium. He, therefore, gave notice in terms of S. 50(1) of the Act to both the accused to the effect that they had an option to get them searched either before a Magistrate or a Gazetted Officer. He further added that though he himself was a Gazetted Officer but the accused had the option to insist or avail the opportunity of being searched before another Gazetted Officer. The accused, it is alleged, expressed their desire to be searched by the Dy. S.P. Accordingly Shri Krishna Kumar Khamesara searched the persons of both the accused. On search Rajmal was found to be having 1.20 kg. of opium and the other accused was having 510 gms. of opium. The Dy. S.P., in presence of motbir witnesses Nanaram P.W. 3 and Nain Singh P.W. 4, took search and after seizing the above contraband opium took two samples of 30 gms. each from the opium found from each of the accused persons. Thus, in all four samples were taken. They were separately sealed. The specimen of the seal affixed on these samples as also the packets containing the remaining opium is available in Ex. P-5. The above samples as well as the remaining opium duly sealed were deposited in the malkhana and then sent to the Forensic Science Laboratory, wherefrom the report Ex. P-10 was received. The two packets of samples sent to the Forensic Science Laboratory were marked A-1 and B-1. The report of the Forensic Science Laboratory Ex. P-10 shows that each of the packets marked A-1 and B-1 contained semi-solid, sticky dark brown coloured substance with characteristics smell of opium, wrapped in polythene bag in medium size cylindrical tin container. The sample contained in the packet marked A-1 and B-1 weighed 29 and 28 gms. respectively. On chemical examination the sample contents were found positive for chief constituents of the coagulated juice of poppy having 2.47% and 3.95% morphine respectively. After collecting the above incriminating evidence against the accused a charge-sheet was filed. The learned Sessions Judge framed charge under S. 8 read with S. 18 of the Act against each accused-appellants. The accused pleaded not guilty and claimed to be tried. The prosection examined in all nine witnesses. In their statements recorded under S. 313, Cr. P.C. the accused denied that any contraband opium was recovered from their possession and they have been falsely implicated. The accused produced two defence witnesses namely, Dinesh Chandra D.W. 1 and Heeralal D.W. 2.

(3.) The learned Sessions Judge, after appreciating the prosecution evidence, came to the conclusion that Shri Krishna Kumar Khamesara complied the requirements of S. 50 of the Act and the notice given by him conformed to the requirements of S. 50 of the Act and no lacuna was discernible. Regarding the seal he was of opinion that the prosecution has led satisfactory evidence that the sample packets as well as the remaining opium packets were duly sealed and that the seal of the sample packets remained intact from the time the seal was placed on them till they reached the office of the Director, Forensic Science Laboratory. He, therefore, held that both the accused committed the above offence. He, therefore, passed the sentence as stated above.