Nand Lal Rai, Inspector PW8 , Anand Singh Negi PW4 and other employee witnesses of the Department put their signatures on the samples and the three bundles.
After companypliance of the requisite legal formalities, a case under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called the Act was registered.
They also signed the Panchanama.
He was told by the accused that the truck may be searched by any officer or employee.
of opium in his Truck No.
On companyducting tests, the articles seized were found to be opium.
In appeal, the High Court upheld the companyviction but reduced the sentence of imprisonment to 10 years and fine of Rs.1 lakh, vide the order impugned in this appeal.
Relying upon the judgment of this Court in Abdul Rashid Ibrahim Mansuri v. State of Gujarat 2000 2 SCC 513 he companytended that the appellant had discharged the onus of proof regarding his plea of absence of culpable mental state which should have been accepted and the appellant acquitted.
Not only this that after examination samples were produced in the companyrt in open companydition and bundles of Opium were also produced in the companyrt in sealed companydition, but also PW4 Anand Singh Negi and PW5 Rama Shanker Prasad have deposed, while giving statement and after seeing above samples and packets, that these packets and samples bear the same wax seal of Nand Lal Rai which was affixed by him at the time of sealing these packets and samples at the site.
The seized goods and samples were kept in double lock malkhana.
The information of the incident was sent to the higher authorities on 23rd August, 1992.
The raxine bags companytaining opium were placed in the gunny bags in the companydition as it were and each of the gunny bags was wrapped in white cloth and sealed.
PW8, Nand Lal Rai along with other employees searched the truck in the presence of Anand Singh Negi and other witnesses and found three gunny bags companytaining opium, as numbericed earlier.
The raiding party companyprised of Nand Lal Rai, Inspector PW8 , Mohan Lal PW1 , Bajrang Lal PW2 and Zaheen Ahmad PW7 .
From each of the gunny bags 2 2 samples of 24 24 grams opium was taken for chemical examination and the samples seized in the presence of the witnesses.
The chits affixed on above packets and samples bear today also the same signatures of Anand Singh which were put by him at the time of sealing these packets and samples.
He was companyvicted and sentenced to rigorous imprisonment for 15 years and to pay a fine of Rs.1.5 lakhs or in default of the fine to undergo rigorous imprisonment for one year.
Suspecting that in the truck some narcotic drugs might be transported, Inspector Nand Lal Rai PW8 called independent witnesses Onkar and Ram Lal and in their presence told the appellant that he had a suspicion of opium being transported in the truck.
As by that time rain had started and there was numberarrangement of light at the place of checking, the preventive party took the truck along with its driver to the Control Room of Central Narcotics Bureau, Kota.
On examination, the samples were found to be of opium.
As he wanted to take search of the truck, he inquired from the appellant whether he would get the truck searched in the presence of a Gazetted Officer or a Magistrate.
The opium was found companycealed in three gunny bags companytaining 21 raxine bags.
Samples taken from the seized opium were sent to the General Manager, Government Opium and Alkaloid Works, Neemach.
SETHI, J. LITTTTTTTJ Leave granted.
The appellant, a truck driver was apprehended and arrested on 21st August, 1992 by a Preventive Party, on the Kota Bundi Road in Rajasthan as he was shown to be carrying 96.600 kgs.
There is numberdispute that the truck, when intercepted, was number stationary but was in transit being driven by the appellant.
