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DINESH MEHTA
Chunni Lal son of Shri Rizumal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. 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 on fi
The main legal point established in the judgment is the mandatory compliance required for search and seizure under the NDPS Act, particularly emphasizing the strict adherence to the provisions of sec....
Seizure of Opium – Trivial discrepancies cannot demolish well-established prosecution case, in which recovery of substance from accused has been proved.
Point of Law : Contrary to normal rule of criminal jurisprudence for presumption of innocence unless proved guilty - Rule shall not dispense with the requirement of the prosecution to having first es....
The court found the accused guilty of possession of Ganja based on consistent evidence from witnesses and dismissed the appeal.
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