Narendra Kumar Jain, J. - (1.) This appeal is directed against the judgment and order dated 8th January, 2003 passed by the Special Judge, Narcotic Drugs And Psychotropic Substances case, Jaipur in Sessions Case No. 64/ 99 whereby appellant was convicted and sentenced under Sections 8/21 of the Narcotic Drugs And Psychotropic Substances Act, 1985 to 10 years R.I. and a fine of Rs. 1 lakh, in default of payment of fine to further undergo 2 years R.I.
(2.) The Central Narcotics Bureau, Jaipur filed a complaint against the appellant and other co-accused persons namely Aziz Khan, Mohin Khan and Aarif Khan under Sections 8/ 21 and 8/29 of the Narcotic Drugs And Psychotropic Substances Act, 1985, wherein it was alleged that on 1.7.1999 at about 8.30, PW 1 Vijay Singh Meena, Superintendent (Preventive Central Bureau, Narcotics, Jaipur City), Jaipur received an information from one informer that on 29th June, 1999 one Aziz Khan R/o Gordhanpura Tehsil and Police Station Paratapgarh, District Chittorgarh and Mohin Khan R/o Mandsor (M.P.) came at Jaipur with 1 kg. smacK which is known as heroin also and sold the same to one Aamir Khan. Aamir Khan resides in House No. 591, Mahaveer Nagar, Jaipur. He is trying to sell it to other person and in case at the proposed time he is checked then smack can be recovered. The said information was reduced in writing by PW 1 V.S. Meena, which was marked as Ex. P-lA in the case. Thereafter a team was constituted consisting of Vijay Singh Meena; Superintendent, Rakesh; Inspector, Sunil Kumar; Inspector and Laxman Kataria, Sub-Inspector PW 6. They went towards Rambagh Circle. Two independent witnesses were called. At about 11 p.m. accused came riding L.M.L. Scooter (without any registration number). His scooter was stopped, a notice was given for his search. He was also apprised with the provisions of the Act and about search before any Gazetted Officer or Magistrate. The accused gave in writing that he is ready for his search along with his scooter by officers of the Narcotic Department itself. Thereafter a plastic bag containing powder was recovered from the briefcase which was in possession of the accused. The said powder was tested through chemical test kit and the same was found to be heroin, therefore, vide Ex. P3 recovery memo, the same was recovered. The weight of heroin was found to be 1.010 kg. with plastic bag and net weight was 1 kg. Two samples of 5 gram each were taken and remaining 990 gram heroin was sealed. The same was entered in the register of property. The provisions of law were followed. The sample was sent for chemical examination and as per report dated 16.7.1999 given by Assistant Chemical Examiner, Government Opium and Alkaloid Works, Neemuch (M.P.) it was reported that the sample was found to be qualitative and quantitative analysis to be contained diacetylmorphine (heroin) within the meaning of Narcotic Drugs And Psychotropic Substances Act, 1985.
(3.) The learned Trial Court framed charge against accused appellant under Sections 8/21 of the Act. The accused denied the charge and claimed to be tried. In support of the case, the prosecution examined 6 witnesses and produced documentary evidence, Ex. Pl to Ex. P19. Thereafter the statement of the accused was recorded under Section 313, Criminal Procedure Code wherein he stated that he has falsely been implicated in the case. No evidence in defence was produced. The learned Trial Court after hearing arguments from both the sides convicted and sentenced the accused appellant as mentioned above. Being aggrieved with the same, the present appeal has been filed before this Court.;