GURMAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of conviction dated 15.7.1996 passed by the learned Special Judge for NDPS Cases, Sri Ganganagar in Sessions Case No. 15/95 whereby the accused-appellant has been convicted under section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act' hereinafter) and sentenced to ten years' R.I. and a fine of Rs. 1,00,000/ and, in default, to undergo six months' R.I.

(2.) Briefly stated, the prosecution story giving rise to this appeal are that PW 2 Braham Dev was posted and working as Excise Inspector in the Excise Department of the State Government and was during the relevant period, posted at Padampur in District Sri Ganganagar. District Excise Officer, Sri Ganganagar, drew out a programme for conducting raids on persons/premises suspeded of possessing contrabands and, accordingly, PW 2 Braham Dev was detailed for the purpose at Sri Ganganagar itself. On 18.5.1995 at 10.00 a.m. Braham Dev along with PW 6 Kalu Ram etc., was patrolling in the Ganganagar City and when he reached near the Aazad Takies, Sri Ganganagar, he saw accused-appellant standing there while holding a bag in his hand and suspecting him to be in possession of contraband, he was interrogated and asked about the purpose of his waiting there and he immediately replied that he was waiting for rickshaw. He gave his particulars and identity.

(3.) Shri Braham Dev, after compliance of provisions of Sec. 50 of the Act, since the accused-appellant volunteered to be searched by Bra ham Dev and, accordingly, Braham Dev proceeded to search his person and the bag that was in possession of the accused-appellant in presence of PW 6 Kalu Ram as well as two 'motbirs' PW 1 Bant Ram and PW 3 Prem Kumar. On search of the bag opium poppy husk powder weighing 15 kgs. was found in the same for which, admittedly, the accused-appellant had no licence, permit or any authority for its possession and since he was an offender for commission of offence under section 8/15 of the Act, a sample weighing 200 gms. of the opium poppy husk powder was separately taken and thereafter the remaining lot of the contraband and that of the sample so taken separately were separately packed and sealed and search, seizure and recovery memo Ex. P/1 was prepared. The accused-appellant was immediately arrested. PW 2 Bra ham Dev registered FIR No. 11/95 at the Excise Circle Office, Sri Ganganagar under section 8/22 of the Act and started investigation. Subsequently, he made over investigation to PW 5 Kesara Ram, Excise Inspector, and he delivered the bag of contraband so seized along with the packet of the sample and other documents and record. Kesara Ram subsequently started investigation. The sample of contraband so taken was forwarded to the Excise Laboratory, Jodhpur for its chemical examination and, on its chemical examination, it was confirmed that the sample packet contained powder of poppy husk and, lastly, a report was lodged against the accused-appellant under section 8/22 of the Act in the Court of Special Judge, Sri Ganganagar whereat the accused was charged with commission of offence under section 8/15 of the Act to which he pleaded not guilty and claimed to be tried and hence the prosecution examined PW 1 Bant Ram, PW 2 Bha ham Dev, PW 3 Prem Kumar, PW 4 Mani Ram, PW 5 Kesara Ram and PW 6 Kalu Ram.