KALLU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed arising out of the judgment dated 25.11.2017, passed by High Court of Judicature of Rajasthan Bench at Jaipur, in Criminal Appeal No. 491 of 2012, whereby, the order dated 21.04.2012 passed by Special Judge (N.D.P.S.), Jhalawar, Rajasthan in Sessions Case No. 49 of 2011 convicting the appellant under Ss. 8 and 21 of Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as "NDPS Act") and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs. 1,00,000/­ (One Lakh) has been affirmed. While confirming the conviction and sentence, the High Court reduced the default sentence from 2 years to 1 year.

(3.) The facts briefly put, as per prosecution allegations, on the date of incident i.e. 24.04.2011, S.I. Pranveer Singh (P.W. 6) Station In­charge of Bhawani Mandi Police Station alongwith constables Preetam Singh (P.W. 1), Sardar Singh (P.W. 2) and Rajendra Prasad (P.W. 8), was on routine patrolling at around 6:05 a.m. from Sulia Chowki to Sunel and reached Jhokadia. While returning from Jhokadia to Bhawani Mandi, they saw the accused Kallu Khan riding an unnumbered motorcycle and coming from opposite direction. On seeing the police patrolling vehicle, Kallu Khan turned back and tried to ran away. Suspecting his conduct, the police party apprehended and questioned him. In enquiry about his behaviour, accused Kallu Khan did not give satisfactory reply. On having doubt, S.I. Pranveer Singh (P.W. 6) ordered constable Preetam Singh (P.W. 1) to arrange independent witness for search of accused Kallu Khan and also of the motorcycle which he was riding. Constable Preetam Singh (P.W.1) submitted a report to him that independent witness could not be found immediately for search. Thereon, looking to the conduct of accused, S.I. Pranveer Singh (P.W. 6) obtained consent from Constable Sardar Singh (P.W. 2) and Constable Rajendra Prasad (P.W. 8) and made them witness for the search of the vehicle.