Narendra Kumar Jain, J. - (1.) The accused appellant has filed this appeal challenging his conviction and sentence passed by Special Judge, NDPS Cases, Jhalawar in Sessions Case No. 18/99 whereby he has been convicted and sentenced in each offence under Section 8/18 and Section 19 to 10 years RI and a fine of Rs. 1 lac. Both the sentences of imprisonment to run concurrently. In case accused fails to make the payment of the amount of fine then he will further undergo in each offence two years RI meaning thereby additional RI for 4 years.
(2.) The prosecution case in brief is that a complaint was filed by Central Narcotics Bureau against accused appellant in Court of Special Judge, NDPS cases, Jhalawar under Section 8/18 and 8/19 of the NDPS Act, 1985 wherein it was alleged that the accused was holding a licence of cultivation of opium for the year 1998-99. During the period from 06.03.1999 to 23.03.1999 the daywise weighed of opium produce was mentioned in the daily weigh register duly signed by accused as well as opium Lambardar Raghunath Singh. The total weighment of the contraband during above period was 11.750 kg. However on 14.04.1999 the accused brought only 5.500 kg opium which was lesser in quantity by 6.250 kg. as per preliminary weighment register. The Inspector gave a written report about it and on that basis an order was passed to take legal action against accused. A team was constituted for taking action in the matter against accused. The team investigated the matter. During investigation, the statement of the accused was also recorded. Thereafter the accused was arrested under Section 8/ 19 of the NDPS Act, 1985. The opium weighing 3.800 kg. was recovered vide recovery memo Exhibit P.4 by S.K. Singh in presence of 2 witnesses and Lambardar Raghunath Singh. The sample was taken and sent for chemical examination. Ex- hibit-P.5 dated 14.06.1999 is the report of the Chemical Examination wherein it was mentioned that sample is found by qualitative/quantitative analysis to be opium within the meaning of NDPS Act, 1985.
(3.) The learned trial Court framed charge against accused under Section 8/18 and 8/19 of the Act. The accused denied the charge and claimed to be tried. In support of the case, the prosecution examined 11 witnesses and produced documentary evidence. Thereafter the statement of the accused was recorded under Section 313, Cr.P.C. wherein he stated that he has not embezzled any opium. He further stated that no opium was recovered at his instance. He further stated that the officers of the Department gave threatening and inflicted injuries on his person and got his statement recorded. He did not give any statement voluntarily.;