UMESH KUMAR OJHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Umesh Kumar Ojha filed this Jail appeal against the judgment dated April 13, 2005 of Special Judge Narcotic Drugs and psychotropic Substances Act Cases, Gangapur City in Special Case No. 02 of 2004 convicting and sentencing the accused appellant under section under section 8/20 (2) (c) of NDPS Act for 10 years ri with fine of Rs. 1,00,000 in default of payment of fine to suffer Two Years RI.

(2.) BRIEF facts of the case are that on march 1, 2004 at 1. 45 p. m. Constable Yashpal Singh no. 810 stated that when he was on watch and ward duty in Janta Express Train along with other constables Phalsingh, Ramanlal, and Shyamsingh went to Bayana. When they were returning back in train No. 5063 Avadh Express, on reaching gangapurcity in General Coach one suspect having red blanket in hand was seen he was having contraband with him. Information under section 42 ndps Act was prepared for informing to higher officers. On this information Dy S. P. Kota gave directions for proceeding as per the NDPS Act and informed that SHO Sawai Madhopur is reaching at the spot. Dulheram, Incharge PS Gangapurcity along with investigating box with Constable Yashpal Singh reached at Platform No. 2 Railway Station gangapurcity. At 6. 15 p. m. from Avadh Express ganesh Lal SHO GRP Sawai Madhopur reached at the platform, having constable with him. Information under section 42 of the NDPS Act was sent to SP ajmer. Ganesh Lal, SHO gave Tehrir to Yashpal for bringing two independent witnesses. On which yashpal brought Akram and Ajij witnesses. SHO obtained consent of Ajij and Akram for giving evidence in NDPS Case. Thereafter the SHO informed the accused about his legal rights that he has a right to be searched by a Judicial magistrate or Gazetted Officer. The accused gave his consent to be searched by SHO himself. At the spot Dulheram searched Sub Inspector and nothing objectionable was with him, thereafter ganesh Lal searched accused. Accused was having red blanket in his hand and on opening it, found two brown colour packets. Out of two packets, one packet was opened and weighed, it was One Kilogram and Fifty grams and another bag was found to be five hundred fifty gms. On checking the material by the SHO, it was found to be Charas. From both these packets samples of 30 gms. were taken and sealed in two bags and Namuna seal was affixed and marked as A l A 2 and B 1 and B 2. Seals put on the packets were also sealed. On further searching accused one railway ticket from kapatanganj to Baroda and one notice under Section 50 NDSPS Act and Rs. 160 were found with him. Thereafter the accused was taken to the Police station and FIR was registered. The sealed samples were sent to the FSL and after completion of investigation, the police filed challan before the trial court. The trial court after hearing the accused framed charge under section 8/20 of the ndps Act against him. The accused denied the charge and claimed to be tried. In support of its case the prosecution examined 10 witnesses. The accused appellant was examined under section 313 cr. P. C. and he did not produce any evidence in defence. After hearing both the parties, the trial court vide judgment and order dated April 13, 2005 convicted and sentenced the accused appellant as indicated above.

(3.) MISS Rajesh Kandwal, learned counsel appearing for the accused appellant placed reliance on Prema alias Prem Singh vs. State of Rajasthan (2007 Cr. L. J. 4638) wherein this Court reduced the sentence of accused from 10 years RI to sentence already undergone by the accused, which was 7 years in that case. Fine of Rs. 1,00,000 was reduced to rs. 10,000/ -. In that case 35 Kgs. Of Poppy Straw was recovered from the vehicle of accused. The learned counsel argued only for reducing the sentence of the accused appellant and does not press for arguments on merit.