Govind Mathur, J. - (1.) THE judgment dt. 14.01.2003 of learned Special Judge, Narcotic Drugs and Psychotropic Substances Act Cases, Chittorgarh convicting and sentencing appellants Ramesh Chandra and Anup Kumar for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act of 1985") and appellant Manohar Lal for the offence under Section 8/29 of the Act of 1985 is challenged in these appeals. The sentence awarded to the appellants is of ten years rigorous imprisonment with a fine of Rs. One lac and in default of that to undergo further three months simple imprisonment. The trial Court also ordered to confiscate the Maruti , CarDL 9 C 6762 in which the opium was said to be transported and also the sum of Rs. 15,000/ - recovered from accused Manohar Lal. Since accused Manohar Lal died, the appeal on his behalf is prosecuted by his legal representatives.
(2.) THE facts, as stated in the charge sheet, are that on 20.03.2001 on information, a team of Central Bureau of Narcotics led by Shri S.N. Aagal along with panchas was deputed at village Satkhanda, Police Station Shambhupura to prevent smuggling of opium. At about 1130 hours a white Maruti was coming from Neemuch end. The driver of that car despite indication given by preventive force to stop tried to escape, thus, the car was chased and at some distance three persons after halting the car tried to run away from the spot. The driver of the car and the person sitting on the rear seat of car were held with the aid of Inspector Rajendra Kumar, Sub -Inspector Raisuddin Khan and constable Ashok Dadhich. The preventive team failed to catch the third person despite efforts. On asking, in presence of panchas the persons held disclosed their names as Anup Kumar (driver) and Ramesh Kumar (the persons sitting on the rear seat). Both the persons named above desired to be searched by Gazetted Officer available with preventive force. While making search, on opening of bonut of the car from a panel installed two polythene bags containing black viscus material were found and from perusal and smell that was presumed to be opium. The bags recovered were marked as "A" and "B" and their weight was measured as 1.200 kg. (A) and 2.100 kg. (B). From the chamber installed close to petrol tank, two more bags of opium were also found and were marked as "C" and "D" with the weight measured as 1.800 kg. (C) and 1.600 kg. (D). In total from four bags 7.300 kg. opium was recovered and out of that two samples of 25 grams each were taken from every bag and were marked as A1, A2, B1, B2, C1, C2, D1 and D2. The remaining opium containing in bags A, B, C and D was confiscated. The Maruti -800 Car DL -9 -C -6762 was also confiscated. The first information report thereafter was lodged by Inspector before the Superintendent for the offence under Section 8/18 of the Act of 1985 and two persons detained viz. Ramesh Chandra and Anup Kumar were arrested. The sealed material including eight sealed samples were kept in custody in malkhana. As told by arrested persons regarding purchase of opium from Manohar Lal the preventive force led by Shri S.N.Aagal went to village Alhed in State of Madhya Pradesh with accused Ramesh Chandra. After conveying purpose, two independent witnesses were taken with preventive team and on being identified by accused Ramesh Chandra the party reached at the residence of Manohar Lal who too was identified by Ramesh. The Investigating Officer Shri K.K. Kothari narrated to Manohar Lal all facts regarding seizure of opium from Ramesh Chandra and Anup Kumar and also about their statements relating to purchase of that from him at the cost of Rs. 35,000/ -. As per provisions of Section 50 of the Act of 1985 Manohar Lal desired to be searched by Gazetted Officer available with preventive team. During search from a box in first room of the house a sum of Rs. 15,000/ - in bundle with a seal mark of "UCO Bank, Sadar Bazar, Delhi" was recovered. During interrogation, Manohar Lal accepted commission of offence, thus, he was also arrested being indulged in offence as per Section 8/29 of the Act of 1985.
(3.) ON 21.03.2001 the accused persons were produced before learned Special Judge, NDPS Act Cases, Chittorgarh and were sent to judicial custody. As stated in the charge sheet: 1. by a FAX message, information of entire incident was sent to the Deputy Narcotics Commissioner, Kota on 20.3.2001 and receipt thereof was obtained; 2. the arrest of accused Ramesh and Anup Kumar was informed to their families on 20.03.2001 telegraphically; 3. the report relating to seizure of opium in Form "F" was sent to the Assistant Commissioner, Narcotics, Gwalior, Deputy Narcotics Commissioner, Kota and other relevant officers on 23.03.2001; 4. out of eight samples taken, four marked as A1, B1, C1 and D1 in sealed condition were sent to the Manager, Government Opium and Alkaloid Works, Neemuch on 22.03.2001 with constable Premnath for chemical examination and on the same day receipt of that too was obtained;;