KISHNARAM Vs. STATE

JUDGEMENT

(1.) This appeal, by the accused, is directed against the Judgment dated Nov. 29, 1988, of the Sessions Judge, Jalore, convicting and sentencing the appellant for the offence under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as 'the Act') to 10 years R.I. and a fine of rupees one lac, in default of payment of fine to undergo further R.I. for one year.

(2.) On April 29, 1987, Shri Binjraj Singh, Station House Officer, Raniwada, received some information by a Mukhbir that the appellant was carrying on illegal business of opium and was expected to come in the bus carrying with him some opium. Shri Binjraj Singh proceeded towards village Kotda with the police party and took position near Bhati Suthoran ki Dhani. At about 2.30 p.m., they saw the appellant going on foot with a bag in his hand. The accused was stopped. The police found two packets with him which contained 4 kg. 660 grams of opium. The opium were seized and the accused arrested two samples of 30 gms each were taken and separately sealed. The First Information Report of the incident was lodged the same day by Shri Binjraj Singh at 5 p.m. at Police Station, Raniwada. The samples were sent to the State Forensic Science Laboratory, Rajasthan, Jaipur, for chemical examination. The Deputy Director of the State Forensic Science Laboratory opined that the two sample contained opium having 4.46% and 5.03% morphine content respectively. After investigation, the police submitted a charge-sheet in the Court of Judicial Magistrate, Bhinmal, who committed the accused for trial to the Court of Sessions Judge, Jalore. The accused was charged for the offence under Sec. 18 of the Act. He pleaded not guilty and claimed to be trial.

(3.) After trial, the Sessions Judge, by the Judgment dated Nov. 29, 1988, has convicted and sentenced the appellant as aforesaid.