DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under section 374 of the Code of Criminal Procedure has been filed against the judgment and order dated 13.4.2007 in Sessions Case.-No. 68/2002 passed by the learned Special Judge, Sikar whereby the, accused-appellant has been convicted and sentenced under Section 8/20 of the NDPS Act for 10 years rigorous imprisonment and a fine of Rs. 1,00,000/-, in default of payment of fine to further undergo six months simple imprisonment.

(2.) Briefly stated the facts of the present case are that PW- 1 Kalpana Rathore in the capacity as S.H.O., Police Station, Kotwali, Sikar received a secret information Ex.P-1 on 21.7.2002 at 10.00 a.m. to the effect that one lin and thin person wearing white shirt and a cream colour pant with an attachie in his hand containing ganja will go to Ganganagar and will be boarding a bus from Kalyan circle at Sikar. PW-1 Kalpana Rathore recorded the above information in Ex.P-1 and along with police party started from the Police Station. The accused was seen holding a black attachie in his hand at the place intimated by the informer. The accused was stopped and asked his name. The accused disclosed his name as Dinesh Kumar Sharma son of Laxmi Narain Sharma resident of Ganganagar. The option was given to the accused as to whether he wanted to give his search before her or before a Gazetted Officer or a Magistrate. The accused gave consent in writing through Ex.P-2 that his search be taken by the police party. On opening the attachie, contraband material (ganja) was found. From a nearby shop the scales to weigh the material was obtained, On weighing the contraband material recovered from the attachie it was found to be 4 kg 900 gm. The contraband material was seized and sealed. Two samples of 250 gm. each were taken, sealed and marked as A-I and A-II. The rest of the ganja was sealed in different packet. The seizure memo Ex.P-3 of ganja was prepared at the spot. In the personal search of the accused, bus ticket of Ganganagar was found, that was also seized by the police through Ex.P-4. Thereafter, the police party reached at the Police Station and report Ex.P-6 was lodged. The accused was arrested. The samples were sent to the FSL for chemical analysis. After completion of investigation, complaint was filed. The matter was tried by the learned Special Judge, Sikar. A charge under Section 8/20 of the NDPS Act was framed against the accused to which he denied and claimed trial. In support of its case, the prosecution examined as many as 12 witnesses and tendered several documents. In the statement recorded under Section 313 Cr.P.C., the accused denied the prosecution story and stated that he has been falsely implicated in the case. The learned trial Court vide its judgment and order dated 13.4.2007 convicted and sentenced the accused as stated here-in-above. Hence, this appeal.

(3.) I have heard learned counsel for the accused-appellant as well as learned Public Prosecutor and carefully perused the material available on record.