VED SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the appellants-Ved Singh and Baru Ram against the judgment dated 24-1-1996, delivered by the Special Judge, NDPS cases, Chittorgarh, whereby both the appellants were found guilty under Ss. 8/18 of the NDPS Act and each one was awarded 10 years rigorous imprisonment and a fine of Rs. 1,00,000.00 and in default of payment of fine further rigorous imprisonmnet for two years.

(2.) The prosecution story, in nutshell, is to the effect that the personnel of the Central Narcotics Bureau, Chittorgarh carried out the search of a truck No. MWU 4653 on 6-5-1989 at about 5.30 a.m. The truck was stopped near Chittorgarh at 'Chunginaka' No. 4 while it was coming from Udaipur to Chittorgarh. The appellants are said to be the drivers of the said truck and the third accused-Rajendra Singh was the 'Khalasi' of the truck. According to the prosecution story the three persons were informed about the proposed search as they were suspected of carrying some contraband and were given the option to get themselves searched in the presence of a Magistrate or a Gazetted Officer. They offered to be searched by the Narcotics people and thereupon, the search was carried out. Thereafter, the appellant-Ved Singh opened the tool-box under his seat which resulted into the recovery of 2 small bags which contained opium weighing 3.200 kgs. and 850 gms. respectively. Further 25 gms opium was found on the person of Ved Singh. Thereafter, Baru Ram took the narcotics party behind the truck and after opening the lock produced 3 kg. and 7 gms. of opium. Thus in all 7.775 kgs. opium was recovered at the instance of the appellants and all the three, including the Khalasi Rajendra Singh, were arrested for the said offence. The recovered opium was sent for chemical examination and as per the report Ex. P/12 of the public analyst the samples which were received and examined were found to be containing opium after due chemical examination. Ultimately a challan was filed in the Court of Chief Judicial Magistrate, Chittorgarh from where the case was committed to the Court of the said trial Court. All the three accused persons were charged for the offence under the Ss. 8/18 of the NDSP Act. The appellant-Ved Singh was charged for possessing 4.75 kg. of opium whereas the appellant-Baru Ram was charged for possessing 3.700kg. illicit opium. The accused-Rajendra Singh was charged for possessing the entire 7.775 kg. opium. All the three accused pleaded not guilty to the said charges. Prosecution then examined 8 witnesses in support of its story. D.W. 1 Sube Singh and D.W. 2 Rajendra Singh were examined by the accused persons in their defence. Sube Singh stated that Balu Ram was an unemployed person and had come to Bombay in search of employment and had no money to pay for his return fare and he persuaded the appellant-Ved Singh to take Balu Ram back to his native place. D.W. 2 Rajendra Singh has stated that the truck which was driven by the appellant-Ved Singh was completely sealed and locked, and no part of it could be opened by the driver, as there were no keys made available to the driver of the truck.

(3.) The learned trial Court then heard the arguments and delivered the judgment on 24-1-1996, whereby the appellants were found guilty and were convicted in the aforesaid manner. The third accused-Rajendra Singh was acquitted of the charge.