JUDGMENT

The present appeal under section 374 of the Code of Criminal Procedure is directed against the judgment and order dated 29.08.1990, passed by learned Additional Sessions Judge, Barmer in Sessions Case No.51/1989, whereby the appellant was convicted under sections 8 and 18 of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo two and a half years’ simple imprisonment.

2. The case as set up by the prosecution was that S.H.O., Barmer-Ghanshyam Singh (PW-7) was asked by the Superintendent of Police, Barmer to conduct search at residence and shop of one Rizumal Khatri, who was reportedly engaged in illicit business of purchase and sale of opium.

3. On receipt of such direction, the S.H.O., Barmer proceeded to conduct search at the business and residential premises of M/s Chunnilal Babulal – a proprietory concern of said Rizumal Khatri.

4. Before the police personnel could reach the shop (M/s Chunnilal Babulal) they saw two persons running from the said shop and trying to flee