TMI Blog2015 (8) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... Banwari Lal Sharma,J. For the Appellants : Mr. Vineet Jain For the Respondent : Mr. Jagat Tatia, Special Public Prosecutor ORDER By the Court : The appellants have preferred this appeal against the judgment of conviction and order of sentence dated 29.10.1988 passed by the learned Sessions Judge, Barmer in Sessions Case No.117/1987, whereby the appellants-accused were convicted and sentenced for the offences under Sections 20(ii), 23 and 29 of the NDPS Act and were sentenced to undergo 15 years' rigorous imprisonment with fine of ₹ 1,00,000/-, in default of payment whereof, to further undergo one year's rigorous imprisonment. The brief facts of the case are that on 29.08.1987, on the nakabandi of the officers of Revenue Intelligence Directorate, Jaisalmer with the officers of Customs Department, Barmer at Harsani Fanta, at about 7.00 a.m., two persons were seen coming there, who were stopped and searched. During inquiry, one persons named himself as Jugat Singh and other as Kamal Singh and both were having bags in their hands. On search of bags, 11 packets of charas were found in the bag hold by Jugat Singh weighing 10.850 kg. and 5 packets o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not given voluntarily. All the witnesses have consistently stated about the incident and no link is missing. Thus, the learned trial court has rightly convicted and sentenced the appellants-accused, which does not warrant any interference. He has placed reliance upon the judgments delivered in the cases of Mohd. Hussain Farah Vs. Union of India [(2000) 1 SCC 329], Veer Singh Vs. State of Rajasthan [RLW 2013 (1) Raj. 216] and Kanhaiyalal Vs. Union of India [(2008) 4 SCC 668] . I have considered the rival submissions made at the Bar and perused the material available on record. Before parting with the judgment, I deem it appropriate to scan the evidence led before the trial court. Virendra Narang (PW-1), in his statement, deposed that on 29.08.1987, he was posted as Superintendent, Custom Department, Barmer and on that day, he went with the team of DRI at Harsani Phanta and he ordered Hameera Ram Choudhary to bring motbirs. Thereafter, after some time, two persons were seem to be coming who were stopped and on their search, 16 packets containnig charas were recovered, which was seized and sealed after taking samples and prepared seizure memo (Ex.P/1). Thereafter, the sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blic place when the appellants-accused were in transit. Hence, it is to be seen that whether provisions of Section 42 of the NDPS Act are applicable or Section 43 of the NDPS Act are applicable, for which the provisions of both these Sections are to be examined. Section 42 of the NDPS Act reads as under:- 42. Power of entry, search, seizure and arrest without warrant or authorisation.- (l) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including para-military forces or armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government, if he has reason to believe from persons knowledge or information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder this Act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter V A of this Act; (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. Explanation.-For the purposes of this section, the expression public place includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public. From a bare reading of the aforesaid provision, it is clear that the officer empowered under Section 42(1) may detain and search any person whom he has reason to believe to have committed an offence punishable under the NDPS Act. In the case in hand, on receiving secret information, the team went at the place from where the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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