HAMIRA RAM, HAPU RAM Vs. STATE OF RAJASHAN

JUDGEMENT

(1.) Appellant Hamira Ram challenges his conviction for the offence of Section 18, NDPS Act and sentence awarded of ten years rigorous imprisonment with fine of Rs. 1,00,000/- in Sessions Case No.2/88 decided on 31.5.89.

(2.) Challenging confiscation of motor cycle is appeal No.234/89 of Hapu Ram who requested that motor cycle be handed over to him. Heard learned counsel.

(3.) Prosecution case, in brief, is that on 26.12.87, ASI PW 3 of police station, Khedapa in early morning with constables Mohanlal and Mool Singh was on Nakabandi at village Sevki Khurd road crossing there at about 6.30 a.m. came a motor cycle No. RSA 6401 stopping the motor cycle, the driver interrogated who disclosed his name Hamira Ram S/o. Teja Ram of village Nadiya and because of suspicion intending to search was asked by ASI if to be searched by him or desires search before higher or gazetted officer, and he told ASI to take search than on searching by ASI in right pocket of his coat, was found a polythene bag, having opium like substance which on smell and test found so and as possessed without license, so seized substance the opium weighed 400 gm out of which a sample of 30 gm separately and remaining separately sealed. Memo of recovery proceeding is Ex.P1. In search of Hamira Ram, the appellant also, were found Rs.5500/- which and the motor cycle also seized and accused arrested memos respectively are Exs. P2 and P3. Memos of description of place of recovery and site plan prepared are Exs. P4 and P5.