NATHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) This appeal is directed against the judgment and order dated 20.2.2004 passed by the learned Special Judge, N.D.P.S. Cases, Jodhpur in Sessions Case No. 44/2002 whereby the learned trial Court has convicted and sentenced the appellant as under :

(3.) As per the case set up by the prosecution, on 20.1.2002, Girdhar Singh, Head Constable received a Mukhbir information to the effect that Nathia and Amria had concealed heroine under the ground near Chhotoniyo Ki Dhani and had covered them by grass. On this information, SHO, Police Station, Chohtan reached the spot at about 3.0 P.M., where a person was there. He took out a plastic bag from a pit in the field. On enquiry, he disclosed his name to be Nathiya S/o Doshu Khan. On the search of the plastic bag being taken, 26 plastic packets containing heroine were recovered. On weighment, the weight of heroine was found to be 27 Kgs. and 300 gins. On the search of Nathia being taken a foreign pistol was recovered.