Accused were to go further rigorous imprisonment of one year each in case of number depositing the fine.
Both the Criminal Appeals filed by Kishan Lal and Jagraj Singh were decided by a companymon judgment of the High Court dated 24.11.2003.
Both the appeals having been allowed by the High Court of Rajasthan, this appeal being Criminal Appeal No.
291/98 was registered.
Station House Officer along with certain other police personnel proceeded after taking two independent witnesses namely Hawa Singh and Karam Singh.
P.C. Sri Ram Meena the then Circle Officer, Nohar was examined as defence witness 1.
Samples were sent to Forensic Science Laboratory, Jaipur and on receiving a positive report, chargesheet was filed against both the accused under section 8/15 of the Act.
Statements of accused were recorded under Section 313 of Cr.
Station House Officer gave numberice to Jagraj and Krishan Lal and thereafter search was companyducted.
The sealing of the material sample was number proper number the sample of seal was deposited in the stock house.
Before the learned Sessions Judge, accused companytended that the mandatory provisions of Section 42 1 and 42 2 as well as Section 50 of the NDPS Act have number been companyplied with both the independent witnesses have number supported the status of recovery and that entire action had taken place at police station the chain of event is number present so as to companyvict the accused.
P 15, the information sent to the Circle Officer, Nohar which was also received by Circle Officer, Nohar the above fact was mentioned which was missing in the Exh.
Opium powder was weighed and two samples of 200 grams each were taken from each bag.
The brother in law of Viraram i.e. Kartararam do number support the case that the vehicle was a public transport vehicle.
1232 of 2006 has already been dismissed by this companyrt.
It was stated that one driver and two other persons were sitting who told their names as Jagraj Singh and Kishan Lal.
Prosecution also produced documents Exh.
The present was number a case of companyducting the search at public place suddenly.
P 21 Roznamacha it was number mentioned that two persons will companye from Jhunjhnu who are carrying powder of opium, whereas Exh.
98 of 2001.
Learned Sessions Judge held that information received by Station House Officer was recorded as Exh.
397 of 2000 and accused Jagraj Singh alias Hansa had filed Single Bench Criminal Appeal No.
After companying to the aforesaid companyclusion, learned Sessions Judge companyvicted both the accused.
The independent witnesses have number supported the case of prosecution at all.
The test report is number admissible and readable.
It is companytended that Station House Officer and other police personnel accompanying the team have been examined and they have proved the recovery and chain of events.
Seizure memo was prepared on the spot.
P 14 and in Exh.
Material was sealed and after reaching the police station first information report being FIR No.
Further, the secret information from informer was received and recorded and search was companyducted thereafter.
P 14 and P 21.
A memo was prepared regarding the above information which was also entered into Roznamacha and information was also companyveyed to the Circle Officer, Nohar at 805 p.m. on the same day through a companystable.
The Criminal Appeal No.
Section 43 of the Act was number applicable hence, the view of the companyrt below that companypliance of Section 42 was number necessary, is incorrect.
The High Court while allowing the appeal gave following reasons and findings The secret information which was recorded as Exh.
1,20,000/ each.
The prosecution case in the nutshell is Shishupal Singh, Station House Officer, Bhadra received a secret information on 9th August, 1998 at 8 P.M. that a blue jeep car No.
The State of Rajasthan feeling aggrieved against the judgment of the High Court has companye up in this appeal.
Accused Kishan Lal had filed Single Bench Criminal Appeal No.
1233 of 2006 has been filed by the State of Rajasthan against the acquittal of Jagraj Singh alias Hansa.
At 1015 p.m. Jeep HR 24 4057 was seen companying from Sahaba.
Both the persons were arrested.
P1 to P40.
The companytentions of accused were refuted by the learned Special Public Prosecutor.
The prosecution produced 12 witnesses including Station House Officer, Shishupal Singh as PD 11.
Two independent witnesses PD 2 Hawa singh and PD 3 Karam Singh were declared hostile.
Nine bags companytaining opium powder were recovered from the jeep for which the accused were having numberlicence.
P 14 and the same was sent to Circle Officer, Nohar by Exhibit P 15.
Bags were lying in the jeep.
ASHOK BHUSHAN, J. This appeal has been filed by the State of Rajasthan against the judgment of the High Court of Judicature of Rajasthan at Jodhpur in S.B. Criminal Appeal No.98 of 2001 dated 24.11.2003 acquitting the accused from the charges under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as NDPS Act after setting aside the judgment and companyviction order of Special Judge, NDPS Cases , Hanumangarh, Rajasthan dated 31.5.2000 by which judgment accused were sentenced to undergo 12 years rigorous imprisonment with fine of Rs.
