SANWAL LAL Vs. STATE

JUDGEMENT

(1.) The appellants were the accused in Sessions Case No. 196 of 1998 on the file of learned Special Judge NDPS Cases Bundi. They were found guilty under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act). Both of them were convicted thereunder on January 6, 2000 and sentenced to 10 years rigorous imprisonment and fine of Rs. 1.00,000/- in default of payment of fine to further undergo two years rigorous imprisonment.

(2.) Aggrieved by the conviction and sentence the action for filing the instant appeals has been resorted to.

(3.) The case of prosecution is that on December 12, 1996 the Narcotic Prevention Party headed by Inspector Abdul Qayum Sagar stopped and searched Bus No. RJ 01 P/1117 about 2.30 p.m. while the same was passing in front of Sathur on Bundi-Deoli road. The appellants were found occupying seats No. 27 and 28. They showed signs of nervousness which aroused suspicion. They were asked to get down from the Bus. The search allegedly revealed presence of opium weighing 500 gms. wrapped in a cloth over the stomach of appellant Hira Lai. Two journey tickets were recovered from the possession of appellant Sanwal Lal. Necessary memos were drawn, appellants were arrested and on completion of investigation the appellants were put up for trial. Charges under section 8118 of the NDPS Act were framed to which the appellants pleaded not guilty and claimed trial. The prosecution examined as many as fifteen witnesses. In the explanation under section 313 CrP.C. the appellants denied the allegations appearing in the statements of the prosecution witnesses. The appellants pleaded that no opium was recovered from them. Three persons were unboarded from the Bus. They desired to be produced before the Magistrate but were not produced. Thereafter one witness was examined in defence and the learned trial court after hearing the arguments convicted and sentenced the appellants as indicated hereinabove.