SANDEEP MEHTA,J. - (1.) The appellant herein has been convicted and sentenced as below vide the judgment dated 13.08.1999 passed by learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case No.38/1998 as below:- Offence Under Imprisonment Fine Sentence in Section default of fine 8/18 of NDPS 10 years' R.I. Rs.1,00,000/- 6 months' RI Act
(2.) The instant represented appeal (No.520/1999) and the Jail Appeal (No.606/99) have both been preferred by the appellant Ladulal under Section 374 (2) Cr.P.C. for assailing the judgment dated 13.08.1999. Since both these appeals arise out of a common judgment, the same are being heard and decided together.
(3.) Brief facts relevant and essential for disposal of the instant appeal are narrated hereinbelow:- As per the prosecution case, the appellant was apprehended by Shri Sumer Singh (PW.5), SHO PS Asind, Bhilwara on 08.07.1998 while carrying suspected contraband opium weighing 250 grams. Before proceeding to undertake the personal search, the Seizure Officer Shri Sumer Singh (PW.5) allegedly gave a notice (Ex.P/2) under Section 50 of the NDPS Act to the appellant, the substratum whereof reads as below:- ...[VARNACULAR TEXT UMITTED]... Allegedly after receiving consent of the accused that he was desirous of being searched by the SHO himself, the Seizure Officer Sumer Singh proceeded to take personal search of the accused appellant and during the said process, suspected contraband opium was found in the right pocket of the appellant's shirt, which weighed at 250 grams. One sample of 50 grams was taken out therefrom. The sample as well as the remnant contraband were sealed in separate packets. After investigation, a charge-sheet came to be filed against the appellant for the offence under Section 8/18 of the NDPS Act in the Special Court, NDPS Act Cases, Bhilwara. After completion of the trial, the appellant has been convicted and sentenced as above. Hence, this appeal.;