UMRAO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and the learned Public Prosecutor.

(2.) A challenge in this appeal has been made by the accused Appellant to the judgment dated 20-12-2003 passed by the learned Special Judge, N. D. P. S. Cases, Ajmer in Sessions Case No. 23/2003, whereby he has been convicted for the offence under Section 8 read with Section 21(c) of the N. D. P. S. Act, 1985 and sentenced for 10 years' R.I. and a fine of Rs. 1,00,000/-, in default of which to further undergo two years' R. I.

(3.) Briefly stated the facts of the case are that on 22-4-2003 at about 4.00 p.m., Bhawani Singh, Sub-Inspector received an information that a CBZ Hero Honda Motorcycle of silver colour, having written A/F on the rear number plate, was being driven by Kishan Lal s/o. Laduram and one another Umrao s/o. Nathuram sitting on the back seat are carrying contraband smack. Both persons are residents of Bandanwara. Further, he was informed that between 4.45 to 5.00 p.m., those persons would be coming to sell the contraband, near Railway Crossing, Parvatpura. The said information was reduced in writing and copies of the same were sent to the Superintendent of Police and Circle Officer (South), through constable Shoudan Singh. Thereafter, constable Babulal was sent to bring witnesses. He had brought Anil Kumar and Rustam Khan and both of them had given their consent, individually, for being the witnesses.