CHOKHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) There were three accused, namely,Shambhu Lal , Meenakshi and Chokha Ram before the Special Judge, NDPS Cases, Jodhpur, to face the trial for various offences under Narcotics Drugs and Psychotropic Substance Act (hereinafter referred to as 'the Act') . Out of the above three, accused Shambhu Lal and Chokha Ram were tried for offence under section 8/15 of the Act and the rest one was, tried for offence under section 8/25 of the Act. The learned trial court, vide judgment dated 20.04.2006, acquitted the two accused Shambhu Lal and Meenakshi and convicted the present appellant under section 8/15 of the Act and sentenced him to ten years' rigorous imprisonment and a fine of Rs. One lac and in default of payment of fine, to further undergo two years' rigorous imprisonment.

(2.) It arises under following circumstances that on 11.10.2003 at about 5.15AM , Station House Officer of the Police Station, Bhinmal, received a sleuth information from his informer to the effect that Chokha Ram S/o Vagta Ji Bishnoi would bring illegal poppy husk (doda post) in a truck bearing No. RJ-27-G-8977 from Sangaria Chittorgarh to Arnay. On the aforesaid information, police arranged Nakabandi and during Nakabandi at about 6.15 p.m. one truck came from the side of Railway Station. On seeing the police Nakabandi, the driver of the truck ran away leaving the truck in front of Eye Hospital, Bhinmal. The police party reached near the truck and on searching it, they found one person sitting in the cabin of the truck. On inquiry, he told his name to be Chokha Ram S/o Vagta Ji Bishnoi, resident of Arnay. From the body of the truck, police recovered 88 bags containing poppy husk weighing 23 Qtls. 40 kgs. and from each of the bag, 500 gms. sample and 500 gms. control sample was taken and sealed and memos of recovery were prepared. The truck was seized and the accusedappellant was arrested. A criminal case was registered against the accused and the investigation commenced.

(3.) After usual investigation, police filed charge-sheet against the accused-appellant in the competent court. After hearing the parties on charge, learned trial court framed charge against the accused-appellant under Sec. 8/15 of the Act. The accused-appellant did not plead guilty and claimed to be tried. During the course of trial, the prosecution to prove its case examined as many as 11 witnesses, namely, P.W.1 Ramkishan, P.W.2 Amar Singh, P.W.3 Nand Lal, P.W.4 Daleep Singh, P.W.5 Vijay Singh, P.W.6 Ishwar Singh, P.W.7 Bhoora Ram, P.W.8 Durga Ram, P.W.9 Mohan Singh, P.W.10 Deva Ram and P.W.11 Chain Singh and produced Ex.P.1 to Ex.P.20 as documentary evidence .