- (1.) Leave granted.
(2.) The Union of India questions legality, desirability and propriety of reducing sentence after conviction as done by the Rajasthan High Court in the impugned judgment. The respondent was found guilty of offences punishable under Section 9A/25A and 9A/25A read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'Act').
(3.) Factual background which led to trial of the respondent is essentially as follows : Shri R. P. Sharma, Director of Narcotics Control Bureau, Jodhpur received a confidential information on telephone in the night dated 12-12-1995 about illicit transactions of Acitic N Hydride and on the basis of it he constituted a team of officers of the Department vide order Exb. P-1 and the team along with the Director, Narcotics Control Bureau, Jodhpur started for Sri Ganganagar at 21.00 hours. Dr. R. P. Sharma informed officers of the team that one thousand litres Acitic N Hydride has been reportedly concealed in a Kaccha Kotha (unripe-room) constructed in the field situated on the way of village Bhagasar Aborlya and village Chak Maharajka or in the nearby area. B. S. Vasistha (PW-1) was appointed as the seizing officer and he was ordered to execute the proceedings. In compliance thereof he reached on the site on 13-12-95 at about 6.30 hours, called independent witnesses Tiku Ram and Sakata Ram and made inquiries about the Kotha constructed in the field situated on the way of Bhagasar and Chak Maharajka village. He came to know that the Kotha belongs to accused-respondent Kuldeep Singh and the agriculture field has been given to one Fateh Mohammad for cultivation, whereupon Fateh Mohammad was called and interrogated. He informed that Kotha belongs to accused-Kuldeep Singh. Thereupon Kuldeep Singh was called from his house and the closed Kotha was opened by the accused wherein forty four plastic containers kept under the chaff of wheat were found. Out of them 43 containers were of black colour and one was of white colour. When the licence in respect of keeping and bringing Acitic N Hydride was demanded from the accused, same was not produced. In the presence of Panchas and Kuldeep Singh, B. S. Vasistha divided 44 containers in two-two batches and marked them separately, which on weighing came to 880 litres of Acitic N Hydride. Two samples from each of the lots were taken in glass bottles and marks were made thereon and the remaining materials were seized separately and sealed. On the seal labels affixed on each container signatures of accused-Kuldeep Singh and the panch witnesses were obtained. The accused was given notice in respect of recording his statement, which was recorded, and he was arrested. The material was kept in Kotwali, Ganganagar for safety. The seized samples and the material articles were deposited in the malkhana of the Narcotics Control Bureau, Jodhpur. The report under Section 57 was forwarded to the higher authorities. The samples were sent for examination. The search of accused's house was conducted on 24-11-95 wherein one diary and one inland letter were found and seized. Therefrom it appeared that the other accused persons Major Singh and Jagtar Singh had relations with him and they were participants in this conspiracy. Information was sent to the higher authorities. The recovered article was found to be Acitic N Hydride from the report of Revenue Control Laboratory. After investigation the challan was filed against the accused under S. 9-A read with S. 25-A 9 of the Act. The charges under Ss. 9A/25A and Ss. 9A/25A read with S. 29 of the Act were framed, read over and explained to accused-Kuldeep Singh, who denied the charge and claimed trial. Evidences of ten witnesses were recorded and the statement of the accused was recorded under S. 313 of the Code of Criminal Procedure, 1973 (in short the 'Code'). He was convicted and sentenced as noted supra.;