OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-Om Prakash against the judgment and order dated 21.11.2006 passed by learned Special Judge, N.D.P.S. Cases, Jodhpur in Sessions Case No. 25 of 2005, State Vs. Om Prakash whereby the appellant has been found guilty of the offence punishable under Sec. 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and has been awarded rigorous imprisonment of ten years' and a fine of Rs. 1 lac, in default of payment of fine, to further undergo one year's rigorous imprisonment.

(2.) The prosecution story, in nutshell, is to the effect that on 14.10.2004 at about 8.05 PM, while ASI Rewant Singh (PW-1) along with the other police officials of P.S. Sanderao, District Pali were going on patrolling duty from Sanderao to Aakarda, it is said that at about 9.20 PM, while they were passing on National Highway No. 14, from Manwar Hotel, Aadarda, at that time they saw a 'Ford' car in a suspicious condition. The ASI then sent a message from wireless to Police Station Sanderao to the effect that some unknown person had left a 'Ford' car at Manwar Hotel, Aadarda, for which, he has suspicion. On this report, SHO, Ghewar Chand, (PW-11) along with other police personnels, reached on the spot and saw that 'Ford' car bearing regn. No. MH-04-AH-8993 was lying there. It was stated that when ASI Rewant Singh and others went to search the aforesaid car, then four persons came out of the car and ran away, on which the police people followed them but they could not be traced. On search of the car some documents, diaries, mobile phones and 10 plastic bags containing Opium milk, total weighing 44kgs. 320gms. were recovered. After carrying out usual formalities, two motbir witnesses were nominated and search was conducted in their presence. Thereafter, two samples of 30 Grams each containing substance, styled to be Opium, were taken from each bag and sealed on the spot and one set of samples were marked 'A-1 to J-1' and the other control samples were marked 'A-2' to 'J-2'. The remaining 10 bags of contraband were also seized and sealed marked A to J search memo (Ex.P-1), was prepared and specimen of seal affixed thereon. Seizure memo of car and other material (Ex.P-2 to Ex.P-6) were prepared on the spot in presence of said motbir witnesses. A case vide F.I.R. No. 138/2004 (Ex.P-25), P.S. Sanderao, District Pali was registered for the offence under Sec. 8/18 of the Act and investigation started. During investigation, statements of witnesses were recorded, thereafter, on the basis of the documents relating to said vehicle, the present accused-appellant Om Prakash was found to be the owner of vehicle on the basis of agreement to purchase the said vehicle, thus he was searched and arrested in this case. The seized sample marked 'A-1' to I-1' were sent for analysis to FSL and after usual investigation, charge sheet was filed in the Court of N.D.P.S. Cases, Jodhpur against the accused-appellant for offence under Sections 8/18 of the Act and further investigation was kept pending for other accused persons. Charges under Sections 8/18 and 8/25 of the Act were framed against the appellant accordingly, to which the accused denied the charges and claimed trial.

(3.) The accused was put to trial. During trial, prosecution examined as many as thirteen witnesses, namely, PW-1 Rewant Singh, PW-2 Inderaj, PW-3 Heera Lal, PW-4 Sankhla Ram, PW-5 Bahadur, PW-6 Kan Singh, PW-7 Raja Ram,PW-8 Gajendra, PW-9 Moti Ram, PW-10 Sahi Ram, PW-11 Ghevar Chand, PW-12 Sukhram and PW-13 Anish in support of its case and got exhibited certain documents viz., Ex.P-1 to Ex.P-33. Thereafter, the statement of accused-appellant was recorded under Sec. 313 Cr. P.C., wherein he denied the allegations levelled against him and stated that Sumer Ram S/o Bhana Ram Bishnoi, resident of Doli took the car for going to his relative's house and the papers pertaining to the vehicle were lying inside the car. It was further stated that he had no knowledge about the transportation of alleged contraband in the said car. He has no concern with the allegedly recovered Opium. He was not the occupant of the car at that time. He claimed to be innocent and stated that he has been falsely implicated. In defence, the accused-appellant examined DW-1 Multan Singh.