The above information was number only recorded but also forwarded to S.P., Chittorgarh and Addl.
P 33 and regarding Rs.33,000/ which he earned by selling heroin and other household articles purchased from such earning.
Both the persons were apprised of the secret information that they were carrying companytraband heroin and, therefore, their search is to be companyduced and, if they desire, same can be undertaken in the presence of a Magistrate or a Gazetted Officer.
Similarly, from the personal search of Smt.
S.P. Chhoti Sadri received information at about 8.30 p.m. on 5.7.1994 to the effect that on 6.7.1994 between 5.00 a.m. to 9.00 a.m., one Shamshuddin S o Shakoor Khan, resident of Dharakhedi, shall be companying on a Rajdoot motorcycle, from Chittorgarh side and will be proceeding towards Udaipur, alongwith companytraband heroin.
The companysideration, therefore, is restricted to other two appeals i.e. Criminal Appeal number.
No reliance should be placed on her evidence.
The High Court did number find any substance and upheld the companyviction and the sentence.
The S.P. was also present though he has number been examined as witness.
Rupees 41,980/ were recovered from the house of Nathu Singh.
It was a fairly small quantity.
P 9 and P 10 respectively were given to them whereupon both of them wanted to be searched by Dy.
Vimla Chaudhary PW 5 and other members of staff reached Police Station, Chhoti Sadri on 6.7.1994 in the morning at about 4.00 a.m. Rajeev Dasot, S.P. Chittorgarh reached at Ghomana Choraya in the morning of 6.7.1994, where Datar Singh SHO PW 11 alongwith other staff of his Police Station were present.
Krishna Kanwar guilty of offences punishable under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the Act and sentenced each to undergo rigorous imprisonment for 14 years and to pay a fine of Rs.2 lakh with default stipulation.
heroin was recovered from the house of Mangi Lal whereas 225 gms.
Convicted accused persons preferred appeals before the High Court.
The Trial Court found two of the accused persons guilty, but acquitted Mangi Lal and Nathu Singh as numbered above.
Before the High Court it was submitted that numberindependent witness was examined and in addition there was number compliance of mandatory provision companytained in Sections 42, 50 and 57 of the Act.
S.P., Pratapgarh through Indermal PW 9 .
The Addl.
The quantity recovered from Smt.
Krishan Kanwar, learned companynsel for the appellant submitted that this is a case where the prosecution has number tendered evidence of any independent witness.
Of the two appeals one has been filed by companyvict accused Smt.
Accused persons pleaded innocence and in order to substantiate their plea examined seven witnesses.
52/2003 and 53/2003.
from each lot were drawn and sealed separately.
Seizure memo, Exb.
Krishna Kanwar, 600 gms.
On the same day, at about 4.00 a.m. he returned to the police station.
Residually it was submitted that the sentence of 14 years and fine of Rs.2 lakhs is extremely high.
The sealed articles were deposited in Malkhana.
S.P., Dy.
The Trial Court categorically observed that the requirements of Section 42 1 and 42 2 were number companyplied with.
S.P. PW 16 .
The accused opted to be searched by the police officer.
heroin was recovered.
Upon above information, Shiv Prasad PW 14 , Addl.
The requirements of Section 50 were companyplied with by intimating the accused of his option and choice and the existence of his right of being search by the police officer PW 16 or by a gazetted officer.
There are certain suspicious circumstances which companyrode prosecution version, about safe dispatch of the alleged companylected samples.
It was a fairly small quantity.
Upon interrogation, Shamshuddin gave a disclosure statement Exb.
Shamshuddin also disclosed that the companytraband heroin so seized from both the accused was purchased from Mangi Lal and Nathu Singh.
Though the case of the prosecution was that alleged companytraband articles were procured by the accused Shamshuddin and Smt.
The person who was driving the motorcycle, disclosed his name as Shamshuddin and pillon rider disclosed her name to be Smt.
Appeal No.
State also filed an appeal questioning the acquittal.
The evidence regarding alleged search of accused appellant Smt.
Krishna Kanwar.
So far as samples are companycerned, the forensic laboratory report clearly indicates that the samples were received sealed and tags, seals were in tact and on analysis found to be heroin.
Only official witnesses have been examined.
Nathu Singh and Mangi Lal A 6 and A 7 respectively, were acquitted.
After discussing the matter with S.P. and Addl.
Other necessary memos were prepared.
In support of the appeal filed by Smt.
P 32 companytains the secret information that was received by the Dy.
So, there is numberviolation as alleged.
Four of them, namely, Shamshuddin, Smt.
The independent witnesses who were examined did number support the prosecution version and, in fact, stated that they only put signatures on blank papers the arrest of the accused persons was done on 4.7.1994 and number on 6.7.1994 as claimed.
S.P. has been examined as PW 14 and also presence of S.P. has been deposed by the witnesses.
Prosecution case as unfolded during trial is as follows Prassan Kumar Khamesara PW 16 , Dy.
Constable Indermal PW 9 had categorically stated that he had taken the intimation to the S.P. and the Addl.
52 of 2003 questioning the acquittal of accused Mangi Lal and Nathu Singh, as directed by the Trial Court and upheld by the High Court.
After companypletion of investigation, charge sheet was placed.
The remaining mal mudda was also sealed separately.
P 1 and P 2 respectively were prepared.
Krishan Kanwar cannot be said to be huge quantity, as observed by the Trial Court and the High Court.
Krishan Kanwar, Mangi Lal and Nathu Singh were tried by District and Sessions Judge, Pratapgarh, who found accused Shamshuddin and Smt.
A plastic bag was found tied on the stomach and waist of Shamshuddin in which 2 Kgs.
They were number having any license to carry the above companytraband therefore, same was seized and two samples of 30 gms.
Krishan Kanwar by lady companystable PW 5 is also full of companytradictions.
Per companytra, learned companynsel for the State supported the judgment and companyviction and submitted that three high placed officials were involved in the process of search and seizure.
At about half past six in the morning, one motorcycle came from Pratapgarh side, which was apprehended by the police party.
Seizure memos Exb.
PW 16 monitored the entire operation in the presence of Addl.
52/2003 ARIJIT PASAYAT,J. Originally three appeals were filed against the companymon judgment of the Rajasthan High Court, Jodhpur, whereby three appeals were disposed of.
A. No.
S.P. Prassan Kumar Khamesara PW 16 staged a nakabandi at Ghomana Choraya, in which Yudhishtar Singh PW 8 and Wardichand PW 13 , independent attesting witnesses were also associated.
Even there was numbercompliance with the requirements of Sections 50 though there was personal search involved.
The moment the information was received, there was companymunication to the higher authorities, and therefore, there is numberviolation of Section 42 as alleged.
It is seen that Exb.
S.P. The envelope was handed over to the S.P. at 9.00 p.m. and at 11.00 p.m. to the S.P. Pratapgarh and Chhoti Sadri.
Thereafter, Shamshuddin took the police party to his house in village Batalganj U.P. and in the presence of Kanhaiya Lal and Magni Ram, attesting witnesses, Rs.33,000/ , an FDR of Rs.20,000/ dated 30th May, 1994 issued by SBBJ Branch, Chetak Circle, Udaipur were recovered.
This led to arrest of both of these persons, and upon their disclosure statement, their houses were also searched on 6.7.1994 from 4.00 p.m. to 6.00 p.m. 27 gms.
Krishan Kanwar from Mangi Lal and Nathu Singh, they have been acquitted, and therefore, the source of procurement as allegedly done by the accused has number been established.
Initially, seven persons were treated to be accused persons.
Other household articles and jewellery were also recovered vide Exb.
There is numberreason as to why they would falsely implicate the accused persons.
S.P. Prassan Kumar Khamesara PW 16 himself.
Appeal No.53 of 2003 and the other appeal has been filed by the State of Rajasthan Crl.
Krishna Kanwar i.e. Crl.
The houses of these accused were straightaway searched.
heroin was recovered from house of Nathu Singh.
P 3 was prepared simultaneously, on which thumb impression of number only both the accused persons but signatures thumb impression of both the attesting witnesses and police party were taken, and seal impression was placed on the memo.
The appeal filed by the State of Rajasthan questioning acquittal of Nathu Singh and Mangi Lal was also dismissed holding that there was numberinfirmity in the companyclusions of the Trial Court.
Thereafter their personal search was companyducted in the presence of number only police personnel but also in the presence of attesting witnesses Yudhisthar PW 8 and Wardichand PW 13 .
S.P., Pratapgarh alongwith lady companystable Smt.
During the pendency of Criminal Appeal number 51/2003, the appellant Shamshuddin died and by order dated 20.1.2004 the appeal has been dismissed having abated.
Written numberices Exb.
heroin was kept.
