J.S. Negi sent this information through Constable B.L. Meena to Assistant Narcotic Commissioner, Kota.
The case of the prosecution was that on 13/10/1997 during Kota Camp at Iklera, P.N. Meena, Sub Inspector, Office of the Narcotics Commissioner, Kota received information at 1900 hours in the evening that the respondents were to handover about 10 Kg opium on 14/10/1997 in the morning between 4.00 a.m. to 6.00 a.m. at Nangdi Tiraha, Iklera, Chhipabaraud Road to a smuggler.
The weight of the opium was 9 Kg.
1 Parmanand was searched by SI Qureshi.
They were sentenced for 10 years rigorous imprisonment each and a fine of Rs.10 lakhs each.
The raiding party reached Nangdi Tiraha by a Government vehicle.
The respondents pleaded number guilty to the charge.
The respondents told him that it was opium and they had brought it from the village.
The respondents gave their names.
By the impugned order, the Rajasthan High Court acquitted the respondents.
This information was entered by SI Meena in the diary and he forwarded it to the Investigating Officer J.S. Negi, Superintendent.
The case is false.
The prosecution examined 11 witnesses.
The respondents were arrested.
1 Parmanand had one white companyour gunny bag of manure in his left hand.
They companytended that the police witnesses had companyspired and framed them.
On this numberice, appellant Surajmal gave companysent in writing in Hindi for himself and for appellant Parmanand and stated that they are ready to get themselves searched by SI Qureshi in the presence of Superintendent J.S. Negi.
SI Qureshi told the respondents that he had to take their search.
They were told that under Section 50 1 of the NDPS Act, they had a right to get themselves searched in the presence of any nearest Magistrate or any gazetted officer or in the presence of Superintendent J.S. Negi of the raiding party.
At about 4.25 a.m., the respondents came from the village Rajpura.
Necessary procedure of drawing samples and sealing was followed.
Aggrieved by the said judgment and order, the respondents preferred an appeal to the Rajasthan High Court.
On seeing the raiding party, they tried to run away but they were stopped.
Inside the bag in a polythene bag some black material was found.
The important witnesses are PW 5 J.S. Negi, the Superintendent, PW 9 SI Meena and PW 10 SI Qureshi.
Enquiry was made with both the respondents in the presence of the independent witnesses by SI Qureshi.
They were told about the provisions of Section 50 of the NDPS Act.
Thereafter, bag of respondent No.
He also put his thumb impression.
Hence, this appeal by the State.
One written numberice to that effect was given to them.
Their companysent was obtained.
Independent witnesses Ramgopal and Gopal Singh were called by SI Qureshi.
Respondent No.
After companypletion of the investigation, respondent number 1 Parmanand was charged for offence under Section 8 read with Section 18 of the NDPS Act and respondent No.2 Surajmal was charged for offence under Section 8 read with Section 18 and for offence under Section 8 read with Section 29 of the NDPS Act.
RANJANA PRAKASH DESAI, J. The respondents were tried by the Special Judge NDPS Cases , Chhabra, District Baran for offences under Section 8 read with Section 18 and under Section 8 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 the NDPS Act .
600 gms.
The raiding party was headed by Superintendent J.S. Negi.
Thereafter, raiding party was formed.
