KAILASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellants against the judgment dated 27.01.2015 passed by learned Special Judge, NDPS Act Cases No.2, Chittorgarh in Sessions Case No. 72/2014 [73/2010], by which the trial court convicted the present appellants for the offence under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentence to undergo thirteen years R.I and imposed a fine of Rs.1,30,000/- each, in default of payment of fine to undergo one year R.I.

(2.) Brief facts of the case are that on 29.04.2010, SHO P.S. Nimbahera during patrolling reached Jallya Check post and made a blockade. At about 6:30 A.M. one Boelro vehicle bearing RJ 30- UA-0636 was asked to stop upon which the driver of vehicle suddenly escalated the speed and tried to escape. The vehicle was stopped in which two persons were sitting who were identified as Kailash Chandra and Rakesh. Upon search of vehicle, two bags were recovered containing total 18 kg opium for which the accused had no license or permit. The police seized the contraband and arrested the appellants.

(3.) The police registered the FIR for offence under Section 8/18, 25 and 8/29 of NDPS Act and started investigation. After investigation, the police filed challan against the present appellants. They denied the charges and claimed trial.