MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GARG, J This appeal has been filed by the accused appellants against the judgment and order dated 17. 10. 1996 passed by the learned Special Judge, NDPS Cases (Addl. Sessions Judge No. 1), Chittorgarh in Sessions Case No. 66/96 by which he convicted both the accused appellants for the offence under Section 8/21 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as `the NDPS Act') and sentenced each of them to undergo twelve years RI and to pay fine of Rs. two lacs in default of payment of fine, to further undergo two years' imprisonment.

(2.) BY the same judgment, the learned Special Judge acquitted accused Rafique Mohd. of the charge for the offence under Section 8/21 of the NDPS Act and also acquitted accused Jamnesh and Intquab Khan of the charge for the offence under Section 8/29 of the NDPS Act, while the case against one accused Saleem Khan remained pending as he was declared absconder.

(3.) IN the present case, the fact that six packets of heroin were recovered on being search made by PW6 Ashok Kumar on 17. 6. 93, is well proved from the statement of PW6 Ashok Kumar and he was cross examined at length, but nothing has come out which affects his testimony. His statement is further corroborated on this point from the statements of PW4 Gopal Dixit and PW5 Dwarka Prasad, who were also with him. The fact that these articles were recovered from the Car in which both the accused appellants were sitting, is also well proved by the prosecution and these findings have not been much disputed by the learned counsel for the accused appellants.