JASWANT SINGH Vs. STATE

JUDGEMENT

(1.) Accused-appellants Jaswant Singh, Trilok Kumar and Jagseer Singh have preferred this appeal against the judgment of conviction and order of sentence dated 29.11.2002 passed by learned Special Judge, N,D.P.S. Act Cases, Jaipur in Special Sessions Case No. 4/2002 whereby the appellants have been convicted for offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as 'the Act'), and sentenced with ten years' rigorous imprisonment and fine of Rs. 1,00,000/- (rupees one lac) each and in default thereof to further undergo two years' rigorous imprisonment.

(2.) The relevant facts of the case are that on 29.11.2001, Vijay Singh Meena, Superintendent, Narcotics, Jaipur received a secret information at about 1.30 p.m. to the effect that Jaswant Singh and Trilok Pandit along with one of their associates were engaged in illegal business of poppy straw and that they would be transporting the same in a truck bearing HR-26A/7671 to Ludhiana. After recording the information and sending a copy to the Deputy Commissioner (Narcotics) Kota and Gwalior, a raid party was constituted under his leadership and after obtaining their consent, two independent witnesses Prabhu Dayal and Rajkumar were asked to accompany the raid party as witnesses.

(3.) The raid party, consisting of Ajmer Singh, Sanjay Paliwal and Bajrang Lal and headed by Vijay Singh Meena, proceeded to the check post at Jaipur- Ajmer Highway.