- (1.) Appellants had faced trial in F.I.R. No. 312/2002 registered at Police Station Sadar, District Sikar, under Section 8/18(c) and 8/20 Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as 'the Act').
(2.) Trial court vide judgment/order dated 16.4.2010, ordered the conviction and sentence of the appellants under Section 8/18(c) and 8/20(b)(II)(C) of the Act. Hence, the present appeal by the appellants.
(3.) Prosecution story in brief is that on 5.12.2002 Mool Chand was posted as Traffic Police Incharge. During checking at about 9.50 a.m., it was found that one jeep was coming from Laxmangarh side. The number of the jeep was not clearly visible. The said official signaled the jeep to stop and asked the driver to show the papers of the vehicle. One more person was sitting next to the driver. Driver could not produce the papers of the vehicle. The person sitting next to the driver said that they should be allowed to go and offered Rs. 5,000/- to the official. On enquiry by the official Mool Chand, the said person disclosed that they were carrying Ganja and Opium. Mool Chand sent a wireless message to Prakash Kumar Sharma, Circle Officer to reach the spot and take over the investigation of the case. Thereafter Prakash Kumar Sharma reached the spot. Notice under Section 50 of the Act was given to the accused and they offered to get themselves searched in the presence of official Prakash Kumar Sharma. Ajay Sharma and Sanatan Sharma were joined as independent witnesses. When accused Rohitash was searched, it was found that he had tied a green colour cloth on his waist and when the same was opened it contained a polythene bag. From the said bag opium was recovered. From the jeep bag containing Ganja was recovered. When the accused Mahender Singh was searched, it was found that he had also tied a green colour cloth on his waist. When the said cloth was opened, a polythene bag was recovered. From the said polythene bag opium was recovered. Rs. 5,000/- were also recovered from the personal search of accused Mahender. From the Tool Box of the jeep Rs. 38,500/- were recovered. Opium recovered from accused Mahender weighed 505 grams whereas opium recovered from accused Rohitash weighed 500 grams. From the recovered opium two samples weighing 50 grams each were separated and were made into sealed parcels. From the bag two samples weighing 500 grams each were separated and were made into sealed parcels. Case property was taken in possession.;