AYUB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In brief the prosecution case is that on 16-6-1999 at 11 AM, PW 3 Rajesh Chaudhary, Sub Inspector informed PW 6 Shri Rajendra Singh. SHO, Kotwali that one person named Ayub aged about 30 years having a country made 'katta' with him was walking near Namak mandi, Kishanpole Bazar, Jaipur. Having received information, the SHO recorded the information in Rojnamamcha, (Ex. P. 14A) and then he along with police personnels proceeded to Kishanpole Bazar in a Government vehicle. The SHO then secured the presence of motbirs. Thereafter, the police party encircled the accused and apprehended him. The SHO gave the accused a notice (Ex. P1) under Section 50 of the Act and informed him of his legal right to have his search conducted either in the presence of a gazetted officer of the police department or of any other department or in the presence of a judicial Magistrate. The accused gave his consent in writing that his search be conducted by the SHO himself. Thereafter, the SHO got conducted the search of accused by PW 4 Pokhar Mal, Constable. During Search two packets containing smack was recovered from the right pocket of the trouser of the accused. Accordingly, checking and seizure memo Ex. P3 was prepared in the presence of PW 1 Moti Ram and PW 2 Arjundas. The accused was arrested vide arrest memo Ex. P7.

(2.) On completion of aforesaid formalities, PW 6 Rajendra Singh prepared a detailed report and on the basis of which a case was registered vide FIR, Ex. P 16. During investigation , the police recorded the statements of witnesses u/S. 161 Cr. P.C. and sent the smack to the FSL for chemical examination. After due investigation, the police submitted a charge sheet against the accused in the Court of learned special Judge, NDPS Cases, Jaipur.

(3.) The learned trial Court, after hearing arguments of counsel for the parties, framed charge against the accused under Sec.8/21 of the Act. The accused denied the charge and claimed trial. During trial, the prosecution in support of its case examined as many as 6 witnesses and exhibited some documents. Thereafter, the accused was examined under Sec. 313 Cr. P.C. He did not examine any witness in his defence.