GOVIND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred this appeal aggrieved by the judgment and order dtd. 18/3/2015 whereby the appellants have been convicted for offence under Sec. 8/15 and 8/26(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and have been sentenced to undergo 10 years rigorous imprisonment pay a fine of Rs.1,00,000.00 and in default, to further undergo 1 year additional rigorous imprisonment for the offence under Sec. 8/15 of the NDPS Act and also sentenced to 1 year simple imprisonment for the offence under Sec. 26(b) of the NDPS Act and has been acquitted for offence under Sec. 26(d) of the NDPS Act.

(2.) Succinctly stated the facts of the case are that on 23/3/2014 at about 5:10 p.m. one vehicle bearing No.MP-13-BA-1099 was stopped by the police. The appellant-Govind was driver of the vehicle and appellant-Izrail @ Israil was cleaner of the vehicle. The vehicle was found to be loaded with five bags filled with poppy straw. On weighment, the total weight of the contraband was found to be 98 kgs.

(3.) After investigation, the police submitted a charge-sheet under Sec. 8/15 and 8/26(b) and (d) of the NDPS Act against the appellants. On behalf of the prosecution, 8 witnesses and 30 documents were exhibited. Statements of the appellants were recorded under Sec. 313 Cr.P.C. After hearing the arguments, the appellants were convicted by the Court below vide judgment and order dtd. 18/3/2015 for the offence under Sec. 8/15 and 8/26(b) of the NDPS Act, aggrieved by which, the present appeal has been preferred by the appellants before this Court.