- (1.) Appellant had faced trial in FIR No. 105/09 registered at Police Station Harmada, District Jaipur, under Section 8/18 and 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') .
(2.) Prosecution story, in brief, is that on 6.3.2009 at about 4.25 p.m., Chug Singh was posted as Station House Officer, (SHO for short) Police Station Bhatta Basti. On the basis of information secret information, Ganja was recovered from Suresh Ahuja. During interrogation, Suresh Ahuja stated that he had purchased the contraband from Motilal Jangid. He further stated that more contraband could be recovered from Motilal Jangid in case his house was raided. SHO Chug Singh sent information in writing to concerned Station House Officer .
(3.) On receipt of information from SHO Chug Singh, SHO Dharamveer Singh made an entry in the register. Information under Section 42 of the Act was sent to the higher officials. Narendra P.W.3 and Mohan Lal P.W.4 were joined as independent witnesses. Thereafter police party left for the house of the appellant at about 5.15 p.m. When they reached the house of the appellant they saw one person leaving the house in Maruti Car No. RJ 14-CI-7126. On seeing the police party, the driver of the vehicle tried to run away, after getting down from the car. The said person was apprehended and on enquiry he disclosed his name as Motilal Jangid. The said person was informed of his legal right available to him under Section 50 of the Act and was told that he could get the search effected from a Magistrate or a Gazetted Officer as it was suspected that he was in possession of some contraband. Appellant reposed confidence in SHO Dharamveer Singh. From the bag carried by the appellant Charas was recovered. On weighment the said Charas weighed 4 kilo 100 grams. Out of the recovered Charas 100 grams was separated as sample and 100 grams was separated as control sample and were marked as A-1 and A-2 respectively. The said samples were made into separate sealed parcels. The residue Charas was also made into a sealed parcel. From another bag carried by the appellant 106 grams opium was recovered. Out of the said opium 25 grams was separated as sample and another 25 grams was separated as control sample. The said samples were made into the separate sealed parcels Mark B-1 and B-2 respectively. The residue opium was made into the separate sealed parcel. Case property was taken in possession. When the pocket of the black bag was checked, Rs. 59,500/- were recovered. When the Maruti Car was searched, 3 kilo 500 grams Ganja was found under the driver seat. Out of the said Ganja 100 grams was separated as sample and another 100 grams was separated as control sample and were marked as D-1 and D-1 respectively. The said samples were made into sealed parcels. The residue Ganja was also made into sealed parcel. Case property was taken into possession. 3. After completion of investigation and necessary formalities challan was presented against the accused.;