He came to know that the Kotha belongs to accused respondent Kuldeep Singh and the agriculture field has been given to one Fateh Mohammad for cultivation, whereupon Fateh Mohammad was called and interrogated.
P 1 and the team along with the Director, Narcotics Control Bureau, Jodhpur started for Sri Ganganagar at 21.00 hours.
Two samples from each of the lots were taken in glass bottles and marks were made thereon and the remaining materials were seized separately and sealed.
The report under Section 57 was forwarded to the higher authorities.
Out of them 43 companytainers were of black companyour and one was of white companyour.
The samples were sent for examination.
The seized samples and the material articles were deposited in the malkhana of the Narcotics Control Bureau, Jodhpur.
Thereupon Kuldeep Singh was called from his house and the closed Kotha was opened by the accused wherein forty four plastic companytainers kept under the chaff of wheat were found.
The respondent was found guilty of offences punishable under Section 9A/25A and 9A/25A read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the Act .
Information was sent to the higher authorities.
Dr. R.P. Sharma informed officers of the team that one thousand litre Acitic N Hydride has been reportedly companycealed in a Kachha Kotha unripe room companystructed in the field situated on the way of village Bhagasar Aborlya and village Chak Maharajka or in the nearby area.
When the licence in respect of keeping and bringing Acitic N Hydride was demanded from the accused, same was number produced.
The charges under Sections 9A/25A and Sections 9A/25A read with Section 29 of the Act were framed, read over and explained to accused Kuldeep Singh, who denied the charge and claimed trial.
In the appeal filed before the High Court, the accused as appellant did number seriously question the companyviction, but took the stand that sentence of 10 years rigorous imprisonment on each of the companyvictions and fine of Rs.1,00,000/ on each ground with default stipulation of one year is the maximum sentence which has been awarded by the trial Court.
The search of accuseds house was companyducted on 24.11.95 wherein one diary and one inland letter were found and seized.
On the seal labels affixed on each companytainer signatures of accused Kuldeep Singh and the panch witnesses were obtained.
Evidences of ten witnesses were recorded and the statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, 1973 in short the Code .
After investigation the challan was filed against the accused under Section 9A read with Section 25A and Section 29 of the Act.
The recovered article was found to be Acitic N Hydride from the report of Revenue Control Laboratory.
The accused was given numberice in respect of recording his statement, which was recorded, and he was arrested.
In the presence of Panchas and Kuldeep Singh, B.S. Vasistha divided 44 companytainers in two two batches and marked them separately, which on weighing came to 880 litres of Acitic N Hydride.
Therefrom it appeared that the other accused persons Major Singh and Jagtar Singh had relations with him and they were participants in this companyspiracy.
ARIJIT PASAYAT,J Leave granted.
He was companyvicted and sentenced as numbered supra.
Factual background which led to trial of the respondent is essentially as follows Shri R.P. Sharma, Director of Narcotics Control Bureau, Jodhpur received a companyfidential information on telephone in the night dated 12.12.1995 about illicit transactions of Acitic N Hydrite and on the basis of it he companystituted a team of officers of the Department vide order Exb.
The material was kept in Kotwali, Ganganagar for safety.
He informed that the Kotha belongs to accused Kuldeep Singh.
In companypliance thereof he reached on the site on 13.12.95 at about 6.30 hours, called independent witnesses Tiku Ram and Sakata Ram and made inquiries about the Kotha companystructed in the field situated on the way of Bhagasar and Chak Maharajka village.
B.S. Vasistha PW 1 was appointed as the seizing officer and he was ordered to execute the proceedings.
