MOHD SHAFI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was tried in case F.I.R. No. 158/87 of Police Station, Ganj, Ajmer and was convicted under Section 8 read with Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (the Act) and under Section 4 read with Section 25 of the Arms Act vide judgment dated 27-3-1989 passed by Shri Bhanwaru Khan, Additional Sessions Judge No. 1, Ajmer, who sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac under the former offence and to under go rigorous imprisonment for a period of 6 months under the latter offence. The prosecution story, in short, was as under:

(2.) On 23-12-1987 P.W.5 Sahib Ram was posted as Dy. Superintendent of Police, Ajmer (South). On receipt of a secret information he organised a raiding party consisting of Han Prasad Katara, S.H.O., Police Station, Clock-Tower, Rajendra Singh, S.H.O., Police Station, Ramganj, Shantilal, A.S.I. Police Station, Adarsh Nagar, Constables Fateh Singh, Raghuveer Singh, Bahadur Singh and Ramchand. The police party went in a jeep to Inderkot area where they joined Anwar Hussain and Mohd. Rafiq, two persons from amongst the members of public with them. At about 3.30 p.m. that here after noon the appellant was found coming with on the attach-case in his hand and on the pointing out of the informer the appellant was stopped by the police party. On enquiry, the appellant gave his particulars regarding name and address and on search the police party found a polythene bag in the right pocket of file appellant, which was found to be containing 155 grams of charas. When the attach-case was opened the police party found a guptiT besides a sum of Rs. 403,65 paisa wrapped in a green colour cloth piece. The appellant did not have any licence either to possess the charas or to possess the gupti. A sample of 30 grams of charas was separated and the sample as well as the remaining charas were converted into two separate sealed parcels. Sahib Ram took all these articles into possession vide memo Ex. P.2, which was attested by Han Prasad Katara, Rajinder Singh, Shanti Lal and the two public witnesses. Sahib Ram sent the appellant with the case property along with Constables Pitha Singh and Datar Singh to Police Station, Ganj, Ajmer where the case was registered against the appellant. The sample was sent to the State Forensic Science Laboratory, Jaipur (the TLaboratoryT) from where report Ex. P.8 was received showing that the sample was that of charas. After completion of the investigation, the police filed the challan against the appellant in the Court of the learned Judicial Magistrate who committed the case for trial to the Court of Sessions. The trial was conducted by Shri Bhanwaru Khan, Additional Sessions Judge, No.1, Ajmer who has found the appellant guilty and has convicted and sentenced him as noted above. Feeling aggrieved, the appellant has come up in appeal to this Court.

(3.) I have heard the learned Counsel for the parties and have perused the record of the case.