- (1.) Appellant had faced trial in F.I.R. No. 170/2010 registered at Police Station Murlipura, District Jaipur, under Section 8/20 Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as 'the Act').
(2.) Trial court vide judgment/order dated 3.4.2012, ordered the conviction and sentence of the appellant under Section 8/20 of the Act. Hence, the present appeal by the appellant.
(3.) Prosecution story in brief is that on 27.4.2010 Bhopal Singh was posted as Station House Officer, Police Station, Murlipura, Jaipur. At about 10.30 a.m., he received an information from Station House Officer, Vaishali Nagar, Jaipur that Shrawan Kumar, accused in FIR No. 128/10 dated 26.4.2010, registered at Police Station, Karni Vihar under Section 8/20 of the Act has suffered a statement under Section 27 of the Evidence Act, 1872 to the effect that he had purchased Ganja from the shop of Sanjay Sharma. In this regard information was given to Superintendent of Police in compliance of Section 42 of the Act. Police party left for the recovery of the contraband. Kashi Nath and Shyam Sunder were joined as independent witnesses. At the instance of the accused Shrawan Kumar, police party reached the spot. Shrawan Kumar accused pointed towards Sanjay Sharma (appellant) and informed the police party that Ganja could be recovered from the shop in which appellant was sitting. Appellant on seeing the police party tried to run away but was apprehended. On enquiry he disclosed his name as Sanjay Sharma. Appellant was informed of his legal right envisaged under Section 50 of the Act. Appellant was informed that he could get the search of godown/shop effected in the presence of a Magistrate or a Gazetted Officer. Appellant reposed confidence in the SHO. On search of the shop/godown 15 packets were recovered and on opening the said packets it transpired that they contained Ganja. Appellant could not produce any permit or licence for keeping in his possession the said contraband. The packets were taken in police possession. On weighment the contraband weighed 2 Quintal 56 Kilo and 700 Grams. Out of each packet, two samples weighing 100 grams each were separated and were made into sealed parcels. One parcel was treated as sample parcel whereas the other parcel was treated as control sample parcel. Sample parcel weighing 1500 grams was marked as mark 'A' whereas the control parcel weighing 1500 grams was marked as mark 'B'. The sample parcels were duly sealed. Case property was taken in possession.;