ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ashok Kumar has preferred this appeal against the judgment and order dated 6-6-1996 passed by learned Special Judge, Hunumangarh whereby he convicted accused appellant under Section 8/15 of the N.D.P.S. Act and sentenced him to undergo 10 years R.I. and pay a fine of Rs. one lakh, in default to undergo six months S.I.

(2.) The prosecution case is that on 16-3-1993 at 5.15 p.m. Richhpal Singh, S.H.O., P.S. Sangaria receiving an information from 'Mukhbir' that a man, wearing cream colour trouser and white sweater was carrying two bags, full of poppy powder, recorded the same, and after informing his superiors by wireless message, proceeded towards Tibi Bus Stand along with police party. He accosted the man (Ashok Kumar accused) moving on the 'Kacha' road. After introducing himself Richhpal Singh told that he wanted to search him and if he wanted to be searched in the presence of Magistrate or the Gazetted Officer he would take there. On telling by accused Ashok Kumar, that he could himself search him then and here, Richhpal Singh made a search of his bags. He found that there was poppy powder in the bags. He took out samples from the bags in the presence of the 'Motbirs', and sealed them. He arrested the accused. Thereafter, a case was registered at Police Station Sardulsahar. The police obtaining the report from the Forensic Scheme Laboratory wherein it was opined that the samples contained poppy powder. A challan was, therefore, filed against the accused, who pleaded not guilty to the charge framed against him. The prosecution examined 8 witnesses. Accused in his statement under Section 313, Cr.P.C. denied accusation. After hearing the Public Prosecution and counsel for the accused, the trial Court held that the prosecution has proved that the accused was found in possession of the contraband article. He, therefore, convicted and sentenced him, as stated above.

(3.) Mr. Vishnoi, learned Amicus Curiae assailed the conviction of the appellant on the following grounds :-