MEGHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 31-8-1988 of the learned Additional Sessions Judge, Banner, convicting and sentencing the appellant for the offence under section 18 of the Narcotic Drugs & Psychotrophic Substances Act, 1985 (hereinafter referred to as 'the Act'), to ten years' rigorous imprisonment and a fine of Rs. 1,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) THE prosecution case, in brief, was that on September 24, 1987, at about 5. 30 p. m. , Punjraj Singh, Deputy Superintendent of Police, on an information received from the Assistant Sub-Inspector Shivchand that opium was being kept in the Dhani of the accused, went to the said Dhani with the police party. As a result of search, two kilograms of opium was recovered from a Jhumpa, said to be of the appellant. THE First Information Report of this incident was lodged by the Deputy Superintendent of Police at the Police Station Chouhtan on the same day at about 8. 00 p. m. A case under section 17/18 of the Act was registered against the accused. THE sample of the opium was sent to the State Forensic Science Laboratory, Rajasthan, Jaipur for examination. THE Deputy Director of the said Laboratory has opined that on examination the sample, was found to be of opium having 1. 67% morphine. On completion of investigation, the police submitted a charge-sheet in the Court of the Chief Judicial Magistrate Barmer, who committed the accused for trial to the Court of Additional Sessions Judge. THE accused was charged for the offence under section 18 of the Act. He pleaded not guilty and claimed to be tried. After trial, the Additional Sessions Judge has convicted and sentenced the accused, as aforesaid.