STATE OF RAJASTHAN versus BHIYA RAM

Citation: [2009] 9 S.C.R. 621 · Decided: 05-05-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Judgment (excerpt)

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[2009] 9 S.C.R. 621 
STATE OF RAJASTHAN 
A 
v. 
BHIYA RAM 
(Criminal Appeal No. 1325 of 2004) 
MAY 5, 2009 
B 
[DR. ARIJIT PASAYAT AND ASOK KUMAR 
f-
GANGULY, JJ.] 
Narcotic Drugs and Psychotropic Substances Act, 1985: c 
ss. 8118 and 55 - Large quantity of opium recovered from 
motorcycle of accused - Plea of accused that samples 
collected c;Jt the time of recovery did not reach FSL intact -
Rejected by trial court which recorded conviction - Acquittal 
-.I 
by High Court - Held: Effect of samples reaching FSL with D 
~ 
seals not intact has been considered by Supreme Court in a 
large number of cases - Besides, order of High Court is bereft 
of discussion and reasoning - High Court would reconsider 
the matter in accordance with law. 
The accused and another while riding on a E 
motorcycle were stopped by police. On search of the 
motorcycle, a large quantity of opium was recovered. The 
pleas of the accused of their false implication and that the 
samples collected did not reach the FSL with seals intact 
were rejected by the Special Court, which convicted the F 
appellant. However, the High Court having acquitted the 
accused, the State filed the appeal. 
Allowing the appeal and remitting the matter to the 
It 
High Court, the Court. 
G 
HELD: The effect of the samples reaching FSL with 
the seals not intact has been considered by this Court 
in a large number of cases. Besides, the order of the High 
621 
H 
622 
SUPREME COURT REPORTS 
[2009) 9 S.C.R. 
... 
A 
Court is bereft of discussion and reasoning. The Hlgh 
"I 
Court would reconsider the matter in accordance with 
law. [Para 6 and 7] (624-C-E] 
} 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
~ 
B 
No. 1325 of 2004. 
From the Judgment & Order dated 14.11.2003 of the High 
>--
Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal 
r-
-+ 
' 
Appeal No. 225 of 2003. 
.. 
c 
Milind Kumar for the Appellant. 
Rajendra Singhvi, K.K.L Gautam and Indra Makwana for 
the Respondents. 
The Judgment of the Court was delivered by 
I 
k-
D 
.~ 
DR. ARIJIT PASAYAT, J.1. In this appeal challenge is to 
i 
·the order of the learned single Judge of the Rajasthan High 
" 
Court at Jodhpur directing acquittal of the respondent who was 
tried for allegedly committing offence puni->hable under Sections 
~ 
E 
8/18 of the Narcotic Drugs & Psychotropic Substances Act, 
"I 
•.' 
1985 (in short the N.D.P.S. Act) The learned Special Judge, 
;!;.. 
NDPS found him guilty and sentenced him to undergo 
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imprisonment for 10 years and to pay a fine of Rs.1 lac and on 
account of non payment of fine, additional rigorous 
,. 
F 
imprisonment for one year was awarded. 
2. The prosecution version as unfolded during the trial was 
r 
that the SHO, P.S. Modara, District Jalore, Gopal Ramawat 
f 
(PW-5) on 22.4.2001 was conducting routine checking of the 
l 
vehicles on the road near village Ramseen. In the evening, 
L
G allegedly, Bhiya Ram and Prahlad Ram came riding on a motor-
r-
cycle, which had no number plate and when the same was 
~ 
,• 
signaled to stop, they did not stop. They were chased by the 
police jeep and ultimately the motor cycle was stopped. 
i 
According to the prosecution, the motor cycle was searched 
H 
and large quantity of opium was seiz~d ... Both were arrested. 
h 
.. 
STATE OF RAJASTHAN v. BHIYA RAM 
623 
' 
[DR. ARIJIT PASAYAT, J.] 
J. 
A case under Section 8/18 of the NDPS Act was registered. 
A 
The samples which were taken on the spot were sent for 
chemical examination. As per the chemical examination report 
(Exh.P/27) the material sent for examination was found to be 
opium containing Morphine. Hence, both were challaned before· 
the said court. Both pleaded not guilty. The prosecution 
Ei3 
examined 12 witnesses. DW-1 Jagdish was examined in 
t 
defence. He stated that during the relevant time both the 
accused persons were at his house attending the betrothal 
ceremony of his daughter, Rekha, and the motor cycle 
belonging to Bhiya Ram was stolen by somebody and on the c 
next day during the search, they found that the motor cycle was 
lying in the police out-post at Ramseen. In this way according 
to the defence version both were implicated falsely. 
3. The Trial Court acquitted accused Prahlad Ram while 
D 
finding the present respondent guilty. He filed in appeal before 
the High Court. The stand taken by the accused before the Trial 
Court and the High Court was that the samples which were 
allegedly collected at the time of recovery on

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