SUKH PREET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants - Sukh Preet Singh @ Kala and Gurpreet Singh have preferred S.B. Criminal Appeal No. 953/2016 under Sec. 374(2) Cr.P.C against impugned judgment and order dtd. 11/3/2016 passed by Special Judge, N.D.P.S. Cases, Hanumangarh in Sessions Case No. 9/2014 (State of Rajasthan Vs. Sukh Preet Singh @ Kala and ors.), whereby the accused-appellants were convicted for the offence under Sec. 8/15(c) of the N.D.P.S. Act, 1985 and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.1,00,000.00 each and in default of payment of fine, to further undergo 1 year additional rigorous imprisonment, whereas, the State has preferred S.B. Criminal Appeal No. 478/2016 under Sec. 378(iii) and (i) Cr.P.C. against acquittal of the accused Jasvinder Singh @ Chhinda by same judgment impugned, for the offences under Sec. 8/15 read with Ss. 25 and 29 of the N.D.P.S. Act.

(2.) As per the prosecution story, on 8/8/2013, S.H.O., Police Station Tibbi, District Hanumangarh (P.W. 9 - Swarndas) received an information that two suspected cars viz. Esteem Car No. PB-60-6999 and Indigo Car No. DL-l-C-9911 had passed from Hanumangarh side and he was asked to conduct Nakabandi along with police team, upon which, Nakabandi was made by the police at Tandoorwali Circle. During Nakabandi, two cars Indigo and Esteem came there, which were taken in control. In Esteem Car No. PB-60-6999, two persons were found sitting, who on asking, disclosed their names as Sukh Preet Singh @ Kala and Gurpreet Singh (appellants herein). During search of the car, total 15 plastic bags were found on the back seat of the car. On examining it, the same were found to be poppy straw, upon which samples from each bag were separated and after mixing it, one sample in duplicate of 1 kg. each was drawn, which was sealed in two separate bags. After preparation of memos, an F.I.R. No. 178/2013 was registered at Police Station Tibbi, District Hanumangarh for the offence under Sec. 8/15 of the N.D.P.S. Act. After necessary investigation, charge-sheet was filed against Sukhpreet Singh @ Kala and Gurpreet Singh (appellants herein), for the offence under Sec. 8/15 of the N.D.P.S. Act, 1985 and against co-accused Gurcharan Singh @ Charna for the offences under Ss. 8/15 and 8/29 of the N.D.P.S. Act, 1985. Subsequently, the supplementary charge-sheet was filed against co-accused Jasvinder Singh @ Chhinda for the offences under Ss. 8/15, 25 and 29 of the N.D.P.S. Act, 1985.

(3.) On charges being framed, all the four accused pleaded not guilty. The prosecution in support of its case got examined total 9 witnesses and certain documents were exhibited as Ex.P/1 to Ex.P/39. In the examination under Sec. 313 Cr.P.C, accused denied the evidence produced against them. The accused got examined two witnesses and document were exhibited as Ex.D/1 to Ex.D/7 in their defence.