- (1.) MEHTA , J. - The instant appeal has been preferred by the appellant Jagdish Chand against the judgment dated 2.9.2008 passed by the learned Special Judge, N.D.P.S. Act Cases, Hanumangarh in Sessions Case No.40/2005 whreby he was convicted for the offence under Section 8/15(b) of the N.D.P.S. Act and was sentenced to undergo ten years' rigorous imprisonment and a fine of Rs. 1,00,000/ -. In default of payment of fine, he was further directed to undergo two years and six months' rigorous imprisonment.
(2.) SUCCINCTLY stated, the facts of the case are that the S.H.O., P.S. Sangaria - PW -14 Prithvi Singh allegedly received an information on 21.8.2005 that the appellant was indulged in illegal trade of contraband poppy straw. The informer also told that the appellant had concealed two bags of poppy straw in his shop. An apprehension was expressed that if the action was not taken immediately, he would probably alienate the contraband. The information was taken down in writing and a copy thereof was sent to the S.P., Hanumangarh. Thereafter, the S.H.O. formed a raid party and proceeded to the Bus Stand Rasuwala. Two persons namely, Labh Singh and Gunnel Singh were summoned and they have their consent to remain as motbirs for associating in the search. The team thereafter reached the shop of the appellant Jagdish in Rasuwala. It is alleged that a man was fond present inside the shop. On asking his name, he revealed his identity as Jagdish S/o Sohan Lal Soni R/o Rasuwala, the appellant herein. Jagdish was informed about the source information and after taking his consent, the S.H.O. entered the shop. On searching the shop, two gunny bags were recovered which were containing some material. The bags were opened and on testing and smelling the material, it gave poppy straw like flavour. The appellant could not show any license or permit etc. for being in possession of the contraband. The gunny bags were weighed and each bag ws found to be weighing 36 kgs. including the weight of the packing material. The S.H.O. thereafter mixed the contents of both the bags on a 'Tirpal' and collected two samples of 1 kg. each from the admixture. The samples were marked as 'A' and 'B'. After talking out the samples, the remaining contraband poppy straw was re -packed in the same bags and the bags were marked as 'C' and 'D'. The samples as well as contraband were sealed. The accused was arrested. On the basis of the recovery, an F.l.R. No. 345/05 for the offences under Sections 8/15 and 8/29 of the N.D.P.S. Act was registered against the appellant and investigation commenced. The main sample was forwarded to F.S.L. for analysis from where a report was received that the sample gave positive test for presence of chief constituents of opium and hence, it was of dried crushed capsules of poppy from which juice had been extracted.
(3.) AFTER completion of investigation, the police filed a charge -sheet in the court concerned against the appellant for the offence under Section 8/15 of the N.D.P.S. Act and against the co -accused Jagshir Singh under Sections 8/15 and 8/29 of the N.D.P.S. Act. The trial framed charge against both the accused for the aforesaid offences. Both the accused pleaded not guilty and claimed trial. The prosecution examined fourteen witnesses in support of its case. The accused in their statements under Section 313 Cr.P.C. denied the prosecution allegations but chose not to lead any evidence in defence.;