RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE abovementioned two appeals being S. B. Criminal Appeals No. 49/96 and 50/96 are being decided by this common judgment as they have arisen from the same incident, though trial in the lower court has taken place separately and separate judgment has been passed by the lower court.

(2.) BOTH the appeals have been filed by the accused appellants Ram Chandra and Birma Ram against the judgment and order dated 13. 9. 1995 passed by the learned Special Judge, NDPS Cases, Udaipur in Sessions Case No. 241/94 & 242/94 by which he convicted both the accused appellants for the offence u/sec. 8/18 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as the `ndps Act') and sentenced each of them to undergo ten years rigorous imprisonment and to pay fine of Rs. one lac, in default of payment of fine, to further undergo two years RI. Facts of S. B. Criminal Appeal No. 49/96 (Ram Chandra vs. The State of Rajasthan & the Union of India)

(3.) SO far as the factual position of the present case is concerned, there is no dispute on the point that proceedings of search and seizure were conducted by PW6, Prem Raj Rathore in presence of PW3 Heeralal, PW4 Rakesh Bhargava and PW5 Roshanlal and so far as the preparations of fard of search and seizure memo Ex. P/1, taking of specimen seal on separate paper Ex. P/2, arrest memo Ex. P/3 and sending of reports Ex. P/10 and Ex. P/12 to superior officer are concerned, they all have been done by PW6 Prem Raj Rathore. Thus, it is very much clear that the main proceedings were conducted by PW6 Prem Raj Rathore, who was Sub Inspector at the relevant time and on this point there is no dispute.