STATE OF RAJASTHAN Vs. VIKRAM SINGH

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment dated 29th July, 1989 passed by Sessions Judge, Sawai Madhopur whereby the accused respondent Vikram Singh has been acquitted of the offence under Section 15/18 of the N. D. P. S. , Act, 1985.

(2.) THE nub of the prosecution story as unfolded by PW. 1 Gyan Chand is as under:- That on 14th January, 1986 PW. 1 Gyan Chand, Constable and PW. 2, Bhagwan Singh, Constable were train Guard on 19 Down Dehradun Express, boarding from Kota to Swai Madhopur. It is alleged that at Indergarh Railway Station, both these train guards boarded to coach which was adjacent or one coach ahead to the coach of Guard. On checking, they found one person going to toilet again and again. His activity caused suspicion in the mind of the train guards. After 15 minutes, when the train reached Swai Madhopur, and the person did not come out of the toilet, it confirmed their suspicion. THEy tried to get the door of the toilet unlocked but the accused did not come out. Ultimately, from the outside window pane, the accused was asked to unlock the door. He was seen at that time taking out something from the broken plywood part of the toilet. However, that person finally opened the door and he took out 10 packets from that broken plywood part of the toilet where he had concealed them. On inspection, all these 10 packets were found to have contained opium therein. PW. 1 Gyan Chand, Constable called one Darshen Singh and two persons Shri Banshi and Moorari. 10 packets containing opium were weighed and the total weight of all ten packets was found to be 24 kg and 400 gms. Shri Gyan Chand, Constable handed over all the 10 packets containing the opium to PW. 6 Shri Ummed Singh, Head Constable who performed the entire exercise of weighing them and taking out samples etc.

(3.) EARLIER to it notification dated November 14, 1985 was in force which is S. O. 822 E and reads as under: &nbsp&nbsp&nbsp&nbsp&nbsp" S. O. 822 E- In exercise of powers conferred by sub-sec. (1) of S. 42 and S. 67 of the Act, the Central Government hereby empowers the officers of and above the rank of sub-inspector in the department of Narcotics and above the rank of Inspector in the departments of Central Excise, Customs Revenue, Intelligence and Central Economic Intelligence Bureau to exercise the powers and perform the duties specified in S. 42 with the area of their respective jurisdiction and also authorizes said officers to exercise the powers conferred upon them under Sec. 67. "