IMPORTANT POINT
Leading primary evidence of the seized Muddamal by producing and exhibiting it in the court in the self same condition it was seized is essential to prove the factum of recovery.

JUDGMENT

Sandeep Mehta, J.—The instant appeal has been preferred by the appellants Aladdin and Gopal being aggrieved of the judgment dated 19.10.2015 passed by the learned Special Judge (NDPS Act Cases) No.2, Chittorgarh in Sessions Case No.92/2014 (8/2004) whereby, they were convicted for the offence under Section 8/15 of the NDPS Act and were sentenced to undergo 15 years’ rigorous imprisonment with a fine of Rs.1,50,000/- each, in default of payment of fine, to further undergo one year’s additional rigorous imprisonment.

2. Succinctly stated, facts necessary and germane for disposal of the instant appeal are noted herein below:-

3. Shri Ram Ratan, who was posted as the SHO Police Station Shambhupura, District Chittorgarh received a source information on 3.8.2003 that gunny bags full of illicit poppy straw were lying concealed on govt. forest land near the village Gilund and that the drug smugglers would take them away for illicit trade in narcotics at the earliest opportunity. The information was taken down into writing and a copy thereof was forwarded to the superior officers alongwith H.C. Constable Sh.Chhagan Lal.

4. The SHO, acting in furtherance of the source information collected a team of Police personnel and proceeded to the place where the contraband was reportedly concealed. The search party reached at a clearing in the forest and saw that some hessian and plastic bags with their mouths tied by twine were lying there. No person was seen near or around the bags. The Police party proceeded to open and search the suspicious packages which were 22 in number. Each bag was containing poppy straw. The follow up procedure of sampling and seizure was conducted. On weighment, total weight of the contraband came to be 580 Kgs. Two samples of 500 Gms. each were taken out from every bag and were packed and sealed. The remaining contraband was repacked and sealed in the same bags. The seizure memo was prepared at the spot and after returning back, an FIR No.172/2003 was registered at the Police Station Shambhupura against unknown persons for the offence under Section 8/15 of the NDPS Act.

5. Under directions of the superior Officers, further investigation was handed over to Sh.Suresh Kumar, SHO PS Kanera. The Investigating Officer recorded the statement of the Patwari concerned and procured the revenue record of the place of seizure, which was recorded as government pasture land standing in the name of village Gilund. During the course of the investigation, the Investigating Officer claims to have received information to the effect that the seized poppy straw had been concealed by Gopi Lal Meena of village Medikheda in connivance with Aladdin. Both were arrested. It is alleged that Aladdin gave an information under Section 27 of the Evidence Act to the Investigating Officer revealing that 8 gunny bags of poppy straw were picked up from his house and 14 bags of poppy straw were collected from the house of Gopal and after being loaded on to the tractor of Gopi Lal, were taken to and concealed in the forest from where the recovery was effected later on. A search was made for locating Gopal but he was not found at his residence. The Investigating Officer also claims to have collected evidence to the effect that the tractor No.RJ09-R-5460 was used to transport the poppy straw and it was in the possession and control of the accused Gopi Lal. After initial investigation, charge-sheet was filed against the accused Gopi Lal and Aladdin. Thereafter, the accused Gopal was also arrested and a subsequent chargesheet was filed against him as well for the offence under Sections 8/15 of the NDPS Act.

6. Charges were framed against the accused for the offences under Sections 8/15 and 8/25 of the NDPS Act. The prosecution examined as many as 32 witnesses in support of its case and exhibited 39 documents. The accused, in their statements unde