DESHRAJ SINGH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant case involves ramifications of drastic nature arising from the circumstances, which have been unfurled during the course of the trial of the Sessions Case No. 8/2011 pending in the Court of the Special Judge, N.D.P.S. Cases Merta arising from F.I.R. No. 137/2011 of the P.S. Kuchaman City for the offences under Sections 8/15(C), 8/25 and 8/29 of the N.D.P.S. Act. The facts which have been revealed throw a cloud of suspicion on the conduct of the local police, which has performed the actions of search, seizure and investigation in this case. The startling facts which have been disclosed subsequent to the filing of the charge-sheet by the police and during the course of the cross-examination of two star prosecution witnesses, who were involved in the search and seizure proceedings, lead this Court to the conclusion that the two petitioners have been unjustifiably incarcerated in jail in pursuance to a highly suspicious recovery of narcotics i.e. poppy straw weighing 1981 kgs. and 500 gins.

(2.) Succinctly stated the facts of the case are that the Constable posted at the Kuchaman City namely Gajendra Singh is said to have received an information on 16.6.2011 from the Reader of the Police Station regarding the SHO Shri Prakash Chandra Meena having called him to join him in a blockade conducted at the Narayanpura Mega Highway. When Cajendra Singh reached the Mega Highway the SHO Shri Prakash Meena was standing there from before and informed him that a truck full of poppy straw was coming from Manglana and going towards Deedwana which had to be stopped. At about 6.45 A.M. it is stated that a Santro Car following by a truck No. RJ06-GA-3857 broke through the blockade formed by the police party and started speeding towards the Deedwana road. The police party allegedly pursued the two vehicles and by the time, they could reach the vehicles, the drivers of both the vehicles managed to make good their escape and were pursued by some members of the police party. It is stated that from the truck, Deshraj and Narendra, the petitioners herein were apprehended. It is stated that after observing the necessary formalities etc. the search proceedings were initiated and from inside the truck 51 bags containing a total of 1981 kgs. and 500 gms. of poppy straw were found. It is also stated that inside the Santro Car No. HRC-7030, a bag containing poppy straw weighing 650 gms. of poppy straw was found. The seizure proceedings were drawn by the SHO Prakash Chandra assisted by Gajendra Singh Constable and other members of the police party. Thereafter the subsequent investigation was carried out by Navneet Vyas, Circle Officer and a charge-sheet was presented against petitioners and other accused persons in the Court concerned for the aforementioned offences.

(3.) Right from the initiation of the proceedings, the contention of the petitioners herein was that they had been falsely implicated in this case by fraudulently entangling them in the recovery, whereas they were the informers to the Police about the transit of the poppy straw. It was strenuously contended that for the purpose of informing the Police Officers, the accused had been in contact with Gajendra Singh Constable and Bharat Raj Dy.S.P. so that the actual offenders could be apprehended. During the course of the trial, an application was moved by the accused petitioners for summoning the mobile call details along with the location details of the mobile instruments being held by Gajendra Singh Constable, Prakash Chandra SHO and Bharat Raj, Dy.S.P. so that the true fact could be brought to fore.