JAGPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These Criminal Appeals have been preferred under Sec. 374 Cr.P.C. claiming for the following reliefs:-

(2.) The above-numbered criminal appeal No. 121/1989 has been preferred under Sec. 374(2) Cr.P.C. against the judgment, dtd. 31/8/1989, passed by the Addl. Sessions Judge, Bhilwara in Sessions Case No. 90/1987 whereby the appellants - Jagpal Singh @ Ranka, Bhepa Ram and Satya Narayan were convicted under Sec. 8/18 N.D.P.S. Act, 1985 and Sec. 3/25 Arms Act, 1959; for the offence under Sec. 8/18 of the NDPS Act, each were sentenced to undergo 10 years R.I. along with a fine of Rs.1,00,000.00 and in default of payment of the same, they were to undergo further 3 years R.I. and; for the offence under Sec. 3/25 of the Arms Act, each were sentenced to undergo 3 years R.I. along with a fine of Rs.100.00, in default of payment of which they were to undergo further imprisonment of 1 month.

(3.) The controversy in the present matters is common, and the brief facts of the same as placed before this Court by the learned counsel for the appellants are that on 14/7/1987, the investigating officer Shivlal Joshi, P.W. 12 apprehended the accused-appellants (in criminal appeal No. 121/1989), upon receiving information on the telephone from one D. Bhattacharya, the then A.S.I. Narcotics Department, Neemuch, that a vehicle travelling from Neemuch to Nimbaheda, at about 01:05 a.m. in the night in a green coloured Jeep with about 3/4 suspicious persons. And that, upon receipt of such information, a recovery of 10 kilograms opium and firearms was made by the police party. And that, subsequently upon completion of investigation against the accused-appellants (in criminal appeal No. 121/1989), charges were framed against them for the offences under Ss. 8/18 N.D.P.S. Act, 1985 and Sec. 3/25 Arms Act, 1959, and they were convicted and sentenced, alongwith the order of seizure of the articles in question, as above.