HIRALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by appellant Hiralal against the judgment dated 5-8-1999 passed by the learned Special Judge, N. D. P. S. Cases, Chittorgarh in Sessions Case No. 4/1998 whereby he was found guilty for the offence under Section 8/18 of N. D. P. S. Act and has been awarded 12 years R. I. and a fine of Rs. l,OO,OOO/- in default of payment of fine to further undergo 1 year R. I.

(2.) The prosecution story in nut-shell is to the effect that on 14-10-1997 in the day at about 3' o clock, P. W. 8 M. K. Pippal, Sub- Inspector, Narcotics Bureau, Neemuch received a secret information to the effect that four residents of village Chiksi were in possession of illicit opium. The information was recorded in writing in DRI and submitted to Shri P. K. Sinha, Superintendent, Office of Assistant Narcotics Commissioner, Neemuch and the copy of information allegedly dispatched to the Assistant Commissioner, Narcotics, Gwalior by P. K. Sinha, Superintendent, P. W. 9. On the information, a preventive force was constituted and the narcotics official including P. W. 8 Mahendra Kumar Pippal, M. L. Malecha, District Opium Officer P. W. 11, Dharmendra Singh and Hotilal Verma proceeded to village Chiksi. Two motbirs Rajesh Mandawara P. W. 3 and Banshi Lai P. W. 4 were summoned and in their presence allegedly, the house of appellant was searched and three packets containing opium weighing 10.300 kgs. were recovered allegedly from the house of the appellant. Sample weighing 25 grams each were separated. The appellant Hiralal was arrested and further at the instance of Hiralal, the members of preventive force reached at the house of Satya Narain s/o Shanker Lal Jat and it is alleged that 15.650 kgs. opium was recovered in three packets from the house of Satya Narain. Samples of 25 grams were separated. After usual investigation, a complaint was filed in the Court of learned Special Judge, N. D. P. S. Act Cases, Chittorgarh. Charge was framed for offence under Section 8/18 of N. D. P. S. Act. The appellant denied the charge and claimed trial. During the trial, the prosecution examined 12 witnesses and also exhibited documents as Ex. P/l to Ex. P/21. Thereafter, the appellant was examined under Section 313 Cr. P. C. After hearing the final arguments, the learned trial Judge found the appellant guilty and sehtenced him as mentioned above.

(3.) I have heard the learned counsel for appellant as well as the learned Special Public Prosecutor and have perused the record of the trial Court.