BHURA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Bhura Lal has preferred this appeal against the judgment dated 22.4.1998 passed by the learned Sessions Judge, Pratapgarh whereby he has been convicted under Sec. 8 read with 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred as 'the Act') and sentenced to ten years rigorous imprisonment and Rs. one lac fine; in default six months simple imprisonment.

(2.) In brief prosecution case is that on the basis of a Mukhbir information received on 12.9.1994 at 7.15 A.M. by S.H.O. Chhoti Sadri, Datar Singh, the police squad headed by Datar Singh reached at the house of the appellant in village Harmatiya and called him to come out, Bhura Lal came out of the house. He was informed that his house is to be searched as, it is suspected that he is in possession of contraband opium. Thereafter the search was conducted by Datar Singh and 4 Kgs 600 Gms. contraband opium was recovered in a plastic bag in a niche inside the house. Two samples weighing 30 Gms. each were taken and sealed on the spot marked A1 and A2. The remaining opium was also sealed separately. The Mukhbir information was recorded in writing and a copy of the same was sent to S.P, Chittorgarh, Addl. S.P, Chittorgarh and Dy. S.P, Chhoti Sadri, After completing all usual proceedings, charge sheet was submitted against the appellant to fact trial for the offence under Sec.8/18 of the Act. It may be mentioned here that police also submitted charge sheet against one Chaina Ram for the offence under Sec.8/29 of the Act, who was discharged.

(3.) The prosecution examined 8 witnesses, the appellant examined in defence 3 witnesses. Number of documents were exhibited by both the sides, which will be referred hereinafter while dealing with the arguments advanced by the learned counsel for the appellant and the learned Public Prosecutor. The learned Trial Court after considering the statements of the witnesses and the documentary evidence came to the conclusion that he charge under Sec.8/18 of the Act is proved beyond reasonable doubt against the appellant and passed the impugned judgment as stated above.